RAMCHARAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petition was finally heard with the consent of learned counsel appearing for the parties. As per averments made in the writ petition, the petitioners are office bearers of the Agro Industries Corporation Employees Union Rajasthan, Jaipur, which is affiliated with All India Trade Union Congress. Litigation of employees is subjudice in this Court. THE petitioners have been contesting the cases against the respondents. THE details of four pending cases in this Court, have been given in the writ petition. Both the petitioners have been authorised by the Union to look after these cases.

(2.) THE petitioners requested the Management to initiate enquiry in respect of illegalities and irregularities committed in the Corporation vide letters dated January 30, 1999, February 1, 1999 and February 5, 1999. It was also requested that the employees should be provided with the receipt of the Provident Fund as well as the copies of the State Insurance Statement. THE meetings for this purpose were organised and in the said meetings there had been some hot exchanges between the petitioners and the representatives of the Management. Copies of the aforequoted letters have been annexed with the writ petition. In order to crush the Union activities of the petitioners, the respondents No. 2 and 3 vide order dated February 6, 1999, respectively transfers the petitioners from Jaipur to Hanumangarh and Jaisalmer. According to the petitioners the transfer is not in the public interest or in the administrative exigency but was made to curb the union activities of the petitioners. Under the circumstances, the prayer is made to set-aside the order of transfer.

(3.) CLAUSE 1 (c) of Article 19 of the Constitution of India guarantees the right to form associations or unions. This includes the right of workmen to form trade unions for a lawful purpose.