LAWS(MAD)-2019-3-325

A.VALARMATHI Vs. COMMISSIONER OF LABOUR OFFICE

Decided On March 11, 2019
A.Valarmathi Appellant
V/S
Commissioner Of Labour Office Respondents

JUDGEMENT

(1.) The order of transfer issued in proceedings dated 21.12.2018, transferring the writ petitioner from the post of Deputy Commissioner of Labour at Thiruvallur to the Tamil Nadu Labour Welfare Board, Chennai as Administrative Officer, is under challenge in the present writ petition.

(2.) The learned counsel for the writ petitioner states that earlier, the writ petitioner was transferred vide proceedings dated 15.09.2015, from Labour Officer, Thiruvallur to Vellore. Once again, she was transferred vide proceedings dated 25.09.2017 from Vellore to Thiruvallur. Therefore, the present transfer, transferring the writ petitioner from Vellore to the Tamil Nadu labour Welfare Board at Chennai is on extraneous considerations.

(3.) The learned counsel for the writ petitioner states that the 2nd respondent is not qualified to hold the post of Deputy Commissioner, Vellore, as he was not possessing the qualifications prescribed for the post i.e., completion of Legal Metrology (General) Rules, 2011. In other words, he is qualified to deal with the cases, which all are having certain legal implications and the qualification prescribed for legal Metrology Officer is not possessed by the 2nd respondent. It is further contended that in order to entertain the request of the 2nd respondent, proceedings dated 20.02.2018, the impugned transfer order has been passed on the next day on 21.12.2018. Thus, the impugned order is liable to be scrapped.