INDIAN TEA AND PROVISION LIMITED Vs. RAJIB SAIKIA

JUDGEMENT

(1.) Mr. A. Dasgupta, Mr. S. Chakroborty & Mr. S.C. Biswas, learned counsel for the appellants.

(2.) This intra court appeal is directed against the order dated 24.08.2015 passed by the learned Single Judge of this High Court, whereby he has dismissed appellants' WP(C) No.2012/2006.

(3.) Shyamguri Tea Estate is situated in the district of Sonitpur, Assam. Respondent No.2 worked as Accounts Clerk in this Tea Estate. There is another Tea Estate i.e. Pearacherra Tea Estate situated in the State of Tripura. Both the Tea Estates are under the management and control of Indian Tea and Provision Limited i.e. appellant No.1. The Tea Estates, however, have independent Managers, who control the management of their respective Tea Estates. Vide order dated 29.12.2001, the Manager of Shyamguri Tea Estate transferred Respondent No.2 from Shyamguri Tea Estate to Pearacherra Tea Estate with effect from 21.01.2002. Aggrieved, Respondent No.2 raised an industrial dispute on the ground that Manager of Shyamguri Tea Estate had no authority to transfer him to another Tea Estate. The dispute was referred to the Labour Court for adjudication. The Labour Court vide award dated 31.08.2005 agreed with Respondent No.2 that Manager of Shyamguri Tea Estate had no authority to transfer him to Pearacherra Tea Estate. The Labour Court also held that Respondent No.2 shall be entitled to re-posting as Accounts Clerk in Shyamguri Tea Estate with full back-wages. Dissatisfied with the award of Labour Court, the appellants filed WP(C) No.2012/2006, which the learned Single Judge has dismissed by the impugned order. The relevant paragraphs 24 and 25 of the order read as under: