BANARSI PRASAD Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THE only question in this writ petition is, whether the respondent-employer has power to effect the impugned transfer or not. THE petitioner is an employee of Bharat Coking Coal Limited. By the impugned order of transfer he has been transferred to Western Coalfields Limited.

(2.) THE learned counsel for the respondent-employer has drawn my attention to the Transfer Rule contained in the Standing Order applicable to the employees of Bharat Coking Coal Limited; that provides that an employee may be transferred due to the exigency of work from one station to another and from one coal mine to another within the company. THE learned counsel submitted that these are two separate situations i.e. power to transfer from one station to another should be construed separately with the power to transfer from one coal mine to another, it was submitted that the petitioner has been transferred from one station to another and in the instant case the station must deem to mean another company as Western Coalfields Limited to which the petitioner has been transferred. THE learned counsel in order to substantiate this issue has also produced before me a document which incorporates delegation of powers to Director (Personnel and Industrial Relations), Coal India Limited. Learned counsel has drawn my attention to page-3 of that document which provides power to the said directors to transfer/accept resignation/ confirm employees/sanction officiating allowance/ increments crossing of efficiency bar in consultancy with the concerned Division/ Subsidiaries in conformity with the Company Rules. Bharat Coking Coal Ltd. is a Government Company within the meaning of the Companies Act. Similarly, the Western Coalfields Ltd. is also a separate Government Company within the meaning of the said Act. THEse are two separate juristic persons. One of such juristic person cannot treat another such juristic person as a station. In the Transfer Rule, therefore, there is no power to transfer from Bharat Coking Coal Limited to Western Coalfields Ltd. THE power which has been delegated by Coal India Ltd. to its officers has been delegated to do certain jobs including transfer of the employees of the subsidiaries of Coal India Ltd. in conformity with the Rules either of Coal India Ltd. or of its subsidiaries. THErefore, the delegation is limited by the Rules. THEse Rules must govern the employee concerned. No such Rule has been produced before me. Unless the employee accepts, an employer cannot shift his employee to another employer which is sought to be done by the impugned order of transfer and accordingly, the same being beyond authority is quashed. Thus, this application is disposed.