GLAXO SMITHKLINE PHARMACEUTICALS Vs. ABHAY RAJ JAIN

JUDGEMENT

(1.) Heard at length the learned senior counsel for the parties. This appeal arises from the judgment and order dated 9-7-2002 passed by the learned single Judge in Writ Petition No.760 of 2002. By the impugned order, the petition filed by the appellant against the order of the Industrial Court, Mumbai has been dismissed. The Industrial Court, Mumbai by order dated 24-1-2002 passed in Complaint (ULP) No.921 of 2001 had allowed the application filed by the respondent No.1 against the order of transfer passed against the said respondent by the appellant on 16-10-2001 overruling the objection regarding lack of jurisdiction to entertain the complaint raised by the appellant in the said case. The Industrial Court and the learned single Judge held that the Industrial Court under the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter called as "the MRTU & PULP Act") has jurisdiction to entertain the complaint on the ground that the order of transfer dated 16-10-2001 was signed and issued by the appellant at Mumbai, though it was served upon the respondent No.1 at Delhi and was to take effect outside the State of Maharashtra.

(2.) Few facts relevant for the decision are that the appellant-company has registered office at Dr. Annie Besant Road, Worli, Mumbai and is engaged in the business of manufacturing and selling pharmaceutical products, life saving drugs, etc., and have their factories at Thane and Nashik in the State of Maharashtra as well as at Ankleshwar in the State of Gujarat. For promoting the sales of the products manufactured by the appellant, the company engages medical representatives all over India. The respondent No.1 is a medical representative working at Udaipur.

(3.) A letter dated 16-10-2001 was served upon the respondent No.1 on 24-10-2001 during the sales meeting at Delhi. However, he refused to accept the same and hence a copy thereof was sent by registered A.D. on 25-10-2001. The said transfer order to the respondent No.1 was issued, according to the appellant, as a matter of administrative and/or business exigencies. The respondent No.1 was given sufficient time to report for the work at the new head-quarters i.e., Imphal (Manipur) with effect from 15-11-2001. There were about four medical representatives already working at Imphal since long. The respondent No.1 refused to report to the transferred place on the ground that it is a disturbed area.