BHOJNALAYA KARMCHARI SANGH Vs. CERTIFYING OFFICER

JUDGEMENT

(1.) PETITIONER No 1 is a Trade Union and petitioners Nos. 2 to 5 claim to he the employees of Hotel Taj Ganges, Varanasi (hereinafter referred to as respondent No 3.) They have, by means of this writ petition, challenged the validity of Clause 15 of Certified Standing Orders, which provides for transfer of the employees of the Hotel from one place to another.

(2.) RESPONDENTS have filed counter affidavit and supplementary counter affidavit and the petitioners have filed rejoinder affidavit and supplementary rejoinder affidavit in reply thereto. Hotel Taj Ganges Employees Union has also been impleaded as a respondent. I have heard learned counsel for the parties.

(3.) SECTION 3 of the Act requires an employer to submit the draft standing orders containing "the draft for every matter set out in the Schedule" and under Sec. 4 the Certifying Officer is to certify those orders if "provision is made therein for every matter set out in the Schedule." Matter relating to transfer of a workman is not included in the Schedule appended to the Act, According to item No. It of the Schedule any other matter, which may be prescribed, can also be included in the certified standing orders. The Central Government by Industrial Employment (Standing Orders) Rules, 1946 has added the additional matters including transfer in the Schedule to the Act. However, the Government of U. P. has not added the matter relating to transfer as additional matter in the Schedule. ln paragraph 5 of the writ petition, it has been stated that 'appropriate Government" in relation to the establishment of respondent No. 3 is the State Government. This fact has not been disputed in the counter affidavit. The result is chat standing orders in station to the establishment of respondent No, 3 have to contain such matters. which have been set out in the Schedule to the Act as amended by the Government of U. P. and there being no item relating to transfer in that Schedule, the matter relating to transfer cannot be included in the standing Orders certified for respondent No. 3. A Division Bench of this Court in Air- Gases Mazdoor Sangh v. Indian Gases Ltd., 1977 LIC 575 (supra), after considering the decisions of the Supreme Court and various other High Courts, relevant extract of which has been reproduced below, has laid down that in the absence of any provision relating to transfer in the Schedule as amended by the Government of U.P., transfer cannot be included as one of the item In the certified standing orders :