- (1.)THIS Rule was obtained on April 26, 1972, against the orders of transfer of the petitioners from Chittaranjan Locomotive Works (hereafter referred to as CLW) to other Railways at different places in southern and western India. According to the petitioners, they are employees of CLW and are also the top office bearers of CLW Labour Union (hereinafter referred to as the Union ). This Union is the only representative union of Class III and Class IV workers and employees. The Union by its organized action succeeded in bringing numerous concessions to the workmen and employees of CLW from the hands of the unwilling administration. The union again enjoys overwhelming popularity among the workmen and the employees of the CLW. Various attempts were made by the Union for getting recognition from the authority but such recognition was persistently refused. A strike was organized by the Union on January 16, 1968, and, inspite of threat and propaganda by the Administration, the strike was successful. The Administration, thereafter, suspended some of the employees and deducted wages of workers for the strike period. But these orders were subsequently withdrawn as a result of strong agitation by the union. There are two Co-operative societies at the CLW in which the nominees of the Union are invariably elected. There was a strike again on september 19, 1968, in which the central Government Employees as also the employees and workmen of the clw participated. Penal actions were taken by the Administration against the workmen and the members of the union for observing the strike but on strong agitation by the Union these measures were withdrawn. As a result of the successes the Union incurred displeasure of the authorities of the clw and the Railway Board, and, the authorities were determined to prevent the Union from championing the cause of the employees and workmen of CLW and to disrupt the Union. It appears that in July 1971 the Railway Board sent wireless message directing transfer of the top executives of the Union. Steps were also taker, to terrorize the workmen and employees, and on untrue charges Dilip Bose and S. R. Das, the vice President and the General Secretary respectively of the Union were arrested and detained under the maintenance of Internal Security Act. Thereafter, separate transfer orders were issued on the petitioners; they are annexure 'a' series to the petition. The particulars relating to transfer orders are set out below : JUDGEMENT_10_TLCAL0_1972Html1.htm
(2.)THE orders referred to above were all issued by the authorities on the April 20, 1972, and the said orders of transfer were to take effect also from the said date. It was stated in the orders that the transfers were in administrative interest and incumbents are transferred in their present pay and grade and their original seniority on transfer was to be maintained. The petitioners were also directed to vacate their quarters with immediate effect. It was further stated that the orders of transfer had the approval of the General manager.
(3.)IT was stated in the petition that some of the persons so transferred are the directors of the Co-Operative credit Societies and some are the members of the Area Committee and some again are the members of the Central staff Council at Chittaranjan. The working of all these organizations will be seriously prejudiced if the transfers orders are given effect to. It was stated that the orders are malafide and had been made with a view to "smash" the union by transferring all its leading office bearers to distant places. The petitioners' fundamental right to form union was also thereby affected and no administrative reason or convenience was there in transferring the petitioners to such distant places. The transfers were made really to punish the petitioners and other office bearers of the union for their trade union activities.