The petitioner challenged wrongful transfer and termination by the respondent employer. The Court held that since an alternative remedy exists through the Labour Court via an order reference, the writ petition is dismissed without adjudicating on merits.
The writ petition was dismissed.
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Court No. - 13
Case :- WRIT - A No. - 386 of 2007
Petitioner :- Sanjay Bansal Respondent :- Triveni Engineering And Industries Ltd. And Others
Counsel for Petitioner :- Bhoopendra Nath Singh,Devendra Pratap Singh Counsel for Respondent :- C.S.C.,Diptiman Singh,S.D. Singh
Hon'ble Ajit Kumar,J.
The grievance of the petitioner in the present writ petition is that he had been wrongly transferred from Deoband to Ramkola the unit of the same company, namely, respondent no.2. As a consequence of non-joining of the petitioner, the company has dispensed with his services.
Learned counsel for the respondents has placed before the Court the order reference to the Labour Court raised by the petitioner assailing the order of termination.
In the opinion of the Court, if the company is the same and in a particular unit an employee has been transferred and the transfer being incident of the service, if the termination is ultimately held to be bad by the lower court, the petitioner can get all the consequential benefits.
The writ petition is, therefore, dismissed on account of an alternative remedy of industrial dispute already raised.
The order reference dated 16th August, 2013 is placed on record.
Order Date :- 28.5.2018 Atmesh
1 issue framed by the court
Whether the writ petition regarding wrongful transfer and subsequent termination should be entertained when an alternative remedy of an industrial dispute reference before the Labour Court exists.
Sanjay Bansal
Triveni Engineering And Industries Ltd.
Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
