PRESIDENT Vs. DIRECTOR

JUDGEMENT

(1.) Heard. Petitioner-Union takes exception to an order-dated 21.7.2015 passed by Labour Court, Bhopal; whereby, application preferred by the petitioner for stay of transfer of its members, namely, Pankaj Jain, Sanjeev Kumar, Sandeep Kumar Tiwari to Coimbatore, Sirohi Distt. Pali and Bangalore respectively from Bhopal, has been rejected.

(2.) That, dispute was raised by the petitioner on 5.6.2015 before Deputy Labour Commissioner, Bhopal in respect of the action of respondent as to transfer and removal from service of some of its members, alleging that the same was arbitrary and with mala fide intention. With the failure of conciliation, the dispute was referred to for adjudication to Labour Court on 13.7.2015. The dispute which is referred for adjudication is- <JUDIMG>1236548-1</JUDIMG>

(3.) During pendency of adjudication of reference before the Labour Court, petitioner-Union filed an application for stay of transfer of three of its members, which was by orders-dated 26.5.2015 and 8.7.2015 on the ground that the same was in violation of Section 33 of the Industrial Disputes Act, 1947 (for brevity '1947 Act'), tantamounting to change in the condition of service. The application was opposed at by the respondent-employer contending inter alia that transfer being incidence of service and being not the condition of service under Section 9A read with Fourth Schedule of 1947 Act, it was within the administrative power of the respondent to have transferred its employees who happen to be members of the petitioner-Union.