SEKHAR RUDRA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, the learned Senior Counsel appearing for the petitioner. The management of the Oil India Limited (respondent No.3) is represented by the learned senior Advicate Mr. S.N. Sarma.

(2.) The petitioner was a Grade-VIII Assistant in the Pipeline Division of the Oil India Ltd. and the present matter relates to the disciplinary proceeding in pursuant to which, the delinquent was dismissed from service through the order dated 21.7.2003 (Annexure-3). The resultant reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act') was answered against the delinquent through the award dated 18.3.2008 (Annexure-7) rendered by the Central Government Industrial Tribunal and all these decisions are challenged by the aggrieved employee.

(3.) Earlier the Grade-VIII Assistant was promoted to the Grade-IX and was transferred but in order to continue at Guwahati the petitioner had foregone his promotion. That is how he continued to serve at Guwahati without being moved to any of the other transferable Pipeline Division of the Oil India Ltd. But eventually the petitioner was transferred on 17.7.1998 to Dumer in Bihar and the said order was opposed by the delinquent on the ground that a settlement of 7.8.1990 (Exhibit-B) was in operation, for retention of those employees, who had foregone their promotions. But the management terminated the settlement on 16.5.1998 (Exhibit-D) through due notice, under Sub-Section (2) of Section 19 of the ID Act and that is how the management took the stand that the petitioner is not protected from transfer, under the terminated settlement of 7.8.1990 (Exhibit-B). Thus the delinquent was released from Guwahati on 23.7.1998.