TARACHAND SAINI Vs. HOTEL CLARKS AMER AND ORS.

JUDGEMENT

(1.) The petitioner has filed the instant writ petition claiming for the following reliefs:

(2.) The facts as noticed by this Court are that the petitioner was working in the respondent - Hotel being appointed as Lift Boy on 14/8/1974. The petitioner was promoted as Technician on 30/9/1977 and thereafter, he was again promoted on the post of Senior Technician on 3/2/2000. The petitioner, however faced suspension vide order dtd. 23/2/2008 on account of overflow of water from the water tank in the hotel. Thereafter, the petitioner was transferred to Hotel Clarks Khujoraho vide order dtd. 29/12/2008. The petitioner, who was a lowly paid employee and had rendered his services for about 34 years at Jaipur in the respondent Hotel, could not go to the transferred location at Hotel Clarks Khujoraho and such transfer order virtually became a punitive order. The petitioner challenged the same by raising an industrial dispute. Learned Industrial Tribunal vide order dtd. 16/1/2014 dismissed the statement of claim filed by the petitioner and held the transfer order as fair and proper.

(3.) Counsel for the petitioner, Mr. Babu Lal Gupta, submitted that it is a mockery of the justice and exploitation of the workman where he has been punished without adopting the parameters of the principle of natural justice while passing the impugned transfer order, which virtually amounts to illegal termination of the services of the petitioner. Counsel for the petitioner further states that due to such an order, the petitioner was disabled from continuing his services snatching away his vital right of livelihood at the stage when he had already rendered at least 34 years of unblemished services with the respondents.