T. PRADEEPKUMAR Vs. HLL LIFECARE LIMITED

JUDGEMENT

(1.) HEARD Mr.Prajith, learned proxy counsel representing Mr.S Sreekumar, Senior Advocate and Mr.V Krishna Menon, learned counsel for respondent nos.1 to 3.

(2.) APPLICANT is working as Medium Grade -II (M.G Grade -II) under respondent no.1 which is a public limited company at Akkulam in Thiruvananthapuram. While working there, he was served with Annexure A -4 transfer order transferring him to the Kanagala Factory at Belgaum, another factory of the first respondent at Karnataka. The applicant has approached this Tribunal impugning Annexure A -4 transfer order and for setting aside the same as illegal as an unfair trade practice.

(3.) MR .Prajith submitted that the aforesaid proceedings under the Industrial Disputes Act, 1947 was initiated by the Union and not by him. However, Mr.Krishna Menon referring to Annexure A -5 and Annexure A -6 documents pointed out that the aforesaid Trade Union has espoused the cause of the applicant and has initiated the conciliation proceedings - one of the steps contemplated under the Industrial Disputes Act 1947 for settlement of disputes - and therefore, the applicant is not entitled to approach this Tribunal as there is concurrent proceeding going on in a different forum. Annexure A -6 is a copy of the letter issued by the Regional Labour Commissioner (Central) informing that he would be conducting joint discussions/conciliation proceedings under Section 12 of the Industrial Disputes Act, 1947. It appears that the matter is still under the conciliation proceedings under respondent no.4.