GAJENDRAGADKAR,J. - (1.) THIS appeal by special leave arises out of an industrial dispute between the appellant, the management of National Radio Corporation, and the respondents, its workmen. The dispute which the Chief Commissioner of Delhi referred for adjudication to the industrial tribunal was regard to the transfer of ten employees effected by the appellant; and the tribunal was asked to decide whether the said transfer was the result of victimization as alleged by the Engineering Mazdoor Sangh, and if so, to issue consequential directions.
(2.) THE appellant is the owner of National Radio Corporation which carries on the business of manufacturing radio parts in its factory at 2, D.L.F. Industrial Area, Najafgarh Road, New Delhi. This factory is otherwise known as the "Moti Nagar Factory." According to the appellant, in order to cope with its expanding business, it has started another factory at Nangloi, this factory being described as the "Nangloi Factory." The distance between the two factories is about eight miles. The appellant's factory at Najafgarh Road was started in 1954 and at that time only 34 workmen were employed. Thereafter, the appellant got itself registered in 1957 with the Development Wing of the Ministry of Commerce and Industry and secured an expansion licence. In consequence, the appellant started manufacturing some more component parts. That led to the employment of more workmen. In 1958, another licence was obtained by the appellant and its production covered additional area. According to the appellant, on 30 August, 1960, it submitted further application to the Development Wing of the Ministry of Commerce and Industry for further expansion programmes and got the expansion licence on 16 January, 1961. This necessitated the starting of another factory, and so, the appellant started the factory at Nangloi to meet the requirements of its expanding work. In order to carry out its work at the new factory at Nangloi, the appellant had to transfer some of its employees from the Moti Nagar factory to the new factory. That is how the impugned order of transfer came to be passed. The i appellant, therefore, pleaded that the said orders have been passed bona fide and were not the result of unfair labour practice.The appellant urged that by standing order 7(c)(a) of the certified standing orders, the management had the right to transfer any worker from one of its workshops or factories to another workshop or factory of its own. The said standing order provides that "the management shall have the right to transfer any worker to any of their offices or workshops at any place in the country. However, there should be no adverse change in service conditions."
(3.) THUS , the appellant's case was that it had the right to transfer its employees from one factory to another and the said right had been exercised bona fide in the interests of the new factory which it had started at Nangloi.;