MARUTI SUZUKI INDIA LIMITED Vs. LAL CHAND

JUDGEMENT

(1.) This judgment shall dispose of two Letters Patent Appeal Nos. 628 of 2018 and 629 of 2018, both filed against the common judgment dated 12.12.2017 whereby, CWP Nos. 10832 of 2014 and 15980 of 2014, filed by respondent No. 1 were allowed.

(2.) In CWP No. 10832 of 2014 respondent No. 1 Lal Chand had challenged the validity of the award dated 01.04.2014 of the Industrial Tribunal-cum-Labour Court, Gurgaon in Reference No. 739 of 2003 under 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'ID Act'), while in CWP No. 15980 of 2014, he challenged the order dated 01.04.2014 of the Ld. Tribunal in application No. 01 of 2003 under Section 33-2(b) of ID Act.

(3.) Respondent No. 1 was appointed as Assistant (Store) in the appellant Company on 24.11.1984. He worked as such till 28.05.1991 when he left the job and took up an assignment with the Educational Consultant of India (Ministry of HRD) as Senior Executive Assistant (Administration and Purchase). He rejoined the appellant Company on 03.02.1992. He was confirmed on the post of Assistant L-5. He was promoted from L-5 to L-6 on 01.04.1994, from L-6 to L-7 on 01.04.1997 and from L-7 to L-8 on 01.04.2000. On 15.02.2001 a transfer order was issued regarding transfer and posting of 63 employees including respondent No. 1. Vide the aforesaid transfer order respondent No. 1 who was working in the Spare Part Accessory Department was transferred to the Assembly Department as Technician L-8. The issue of the transfer of the workers by the appellant Company vide order dated 15.02.2001 was taken up by the Maruti Udyog Employees Union. On 17.02.2001 the Employees Union passed a resolution deciding to raise an industrial dispute with regard to the transfer of various employees including respondent No. 1. The Union served a demand notice dated 19.02.2001 on the Management demanding that the transfer of employees effected by order 15.02.2001 be cancelled forthwith. Copy of the Demand Notice was sent to Labour Commissioner, Haryana, Additional Labour Commissioner, Haryana and Assistant Labour Commissioner, Gurgaon. The Conciliation proceedings between the Management and the Union were not fruitful. The Deputy Labour Commissioner, Gurgaon submitted a failure report on 22.08.2001.