- (1.) Heard Sri C.B. Gupta, the learned counsel for the petitioner and Sri Pratik Nagar, the learned counsel for the workman-respondent and the learned Standing Counsel.
(2.) The workman was appointed as a Medical Representative in the petitioner's pharmaceutical company. The first posting of the workman was Jaipur and, subsequently, after a couple of years the workman was transferred to Kanpur. The appointment letter specifically contended that the area of operation of the workman would be the entire dominion of India and that he could be posted in any part of the country. Further, depending upon the exigencies of the business of the Company, the workman could be transferred to any place in India. With these clear stipulation contained in the appointment letter, the workman joined the services.
(3.) It transpires that some incident took place, in which some Officers got beaten up and the workman was a mute spectator and did nothing in the matter. The management was aggrieved by the conduct of the workman and instead of initiating disciplinary proceedings, considered his long length of service and chose to transfer him from Kanpur to Ballia within the State of Uttar Pradesh. The management accordingly, transferred the workman to Ballia by its order on 8th August, 1999. This order was duly served upon the workman. The workman did not comply with this order and it is alleged that he initiated conciliation proceedings under the U.P. Industrial Disputes Act for conciliation of his dispute. It is alleged by the management that several letters and telegrams were sent including a bank draft of of Rs.3000/- towards travelling expenses and inspite of the receipt of the letters and telegrams, the workman did not join the place of transfer.;