LAWS(MAD)-2019-9-587

S. THIRUARASU Vs. NLC INDIA LTD.

Decided On September 30, 2019
S. Thiruarasu Appellant
V/S
Nlc India Ltd. Respondents

JUDGEMENT

(1.) Writ Petition is filed challenging the transfer order issued by the 2nd respondent in proceedings O.O. No. CORP/HR/EB/NE/ 0620/2019-28 dated 28.03.2019 and the consequent relieving order issued by the third respondent in proceedings O.O. No. Mine- IA/HR/EB/Re1/Mar 19,2019 dated 30.04.2019.

(2.) The case of the petitioner is that he joined the services of the first respondent Corporation, which is a company owned by the Government of India and having 4 Mines and 5 Thermal Power Stations in Neyveli and other places, as a IW Gr.I on 14.08.1990 and periodically promoted as Tech Gr. III (C), Tech Gr. II (B) and Tech Gr.I (A), Sr. Tech Gr. II and Sr. Tech Gr.I and then promoted as Chief Technician on 01.09.2012.

(3.) It is also the case of the petitioner that he is one of the elected Vice Presidents of CITU, NLC Labour and Staff Union, which is espousing the cause of the workers working in the first respondent Corporation without any compromise. The petitioner actively involved in the trade union activities. The Union is against outsourcing or mining activities, which would incur loss to the respondent. The Union is also insisting to regularise the contract workers and to provide job to those, whose lands have been acquired by the respondent. The respondent, in order to weaken the spirit of the workers, started harassing the office bearers by adopting unfair labour practice and victimising the office bearers for trade union activities and that the petitioner has been continuously transferred from one unit to other unit and other division and on 28.03.2019, the petitioner has been transferred to Barsingsar Project, Rajasthan, showcasing the departmental bias of the respondent. Thereafter, the petitioner could not enter the company, as his punching was locked.