UNION Vs. TAMIL NADU CIVIL SUPPLIES CORPORATION EMPLOYEESTAMIL NADU CIVIL SUPPLIE CORPORATION LIMITED

JUDGEMENT

(1.) THE Tamil Nadu Civil Supplies Corporation Employees Union has filed W.P. Nos. 7085 and 7086 of 1998 challenging the transfer orders passed by the second respondent in its proceedings dated May 4, 1998 and April 30, 1998 respectively with respect to its employees specifically mentioned in the above writ petitions on the ground that they are 'protected workmen' and transfers cannot be made. THE concerned 'Protected Workmen' also have filed writ petition in W.P. Nos. 11394 and 11395 of 1998 challenging the proceedings. Since the issue involved in these writ petitions is one and the same, the issue is taken together for disposal.

(2.) ACCORDING to the petitions, they are 'protected workmen' within the meaning of Section33 of the Industrial Disputes Act, and, in view of the decision taken on May 9, 1989 on various demands, the management agreed to extend the benefits for the 'protected workmen' even with respect to the transfer. On that basis the petitioners have come forward with the above writ petitions in W.P. Nos. 7085 and 7086 of 1998 etc., alleging that the transfer orders cannot be sustained.

(3.) IN the decision in P. H. Kalayni v. M/s. AIR France Calcutta (1963-I-LLJ-679 at 682), while deciding similar issue, the Apex Court has held as follows :