LAWS(MAD)-2019-12-128

S.THIRUARASU Vs. NLC INDIA LTD.

Decided On December 13, 2019
S.Thiruarasu Appellant
V/S
Nlc India Ltd. Respondents

JUDGEMENT

(1.) Aggrieved by the judgment of the learned Single Judge dismissing the writ petition raising a challenge to a transfer order passed by the respondent company, the appellant prays for setting aside the same. The appellant has been sent to Basrinagar Project, Rajasthan, from his present place of posting at Neyveli in the Neyveli Lignite Corporation, where he was working as a Chief Technician and also happens to be the Vice President of the Labour Staff Union at Neyveli.

(2.) The ground of challenge before the learned Single Judge was alleging mala fides, the order being without authority in law and without there being any policy of transfer and violating all norms. It was also contended before the learned Single Judge that in the absence of any such express power to transfer, the authority to displace a person could not be impliedly exercised, more so in the background that no workman/industrial labourer was transferred in the past.

(3.) It is further submitted that the terms and conditions in the letter of appointment also cannot be pressed into service in the background that no unit existed in Rajasthan when the appellant came to be appointed way back in the year 1990. The unit at Rajasthan has come up only in the year 2013.