(1.) This Writ Petition filed under Articles 226 and 227 of the Constitution of India challenges the order dated 27-09-2013 passed below Exhibit-10 thereby holding that the statement of claim filed by the petitioner Union in relation to the transfer of 140 employees was beyond the scope of the industrial dispute that had been referred for adjudication. By order dated 23-12-2013, notice for final disposal was issued and accordingly the learned Counsel for the parties have been heard at length.
(2.) The petitioner is a Union of employees registered under the Trade Unions Act, 1926 and is also recognized under the provisions of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 [for short, 'the Act of 1971'].
(3.) It would first be necessary to refer to certain facts that have bearing on the issues raised in the present Writ Petition. As noted above on 03-03-2011 the Union had submitted a fresh charter of demands to the Conciliation Officer. Accordingly, on 18-03-2011 a notice was issued by the Assistant Labour Commissioner-cum- Conciliation Officer calling upon the representatives of the Union as well as representatives of the Management to remain present in his office on 24-03-2011. The parties appeared before the Conciliation Officer and certain preliminary talks took place between said parties. In the meanwhile, on 14-07-2011, the Management transferred 140 employees out of Nagpur to various other places.