Decided on July 27,1976



- (1.)THE petitioner company was incorporated in 1902. Formerly it was being managed by their managing agents Messrs. Turner Morrison and Co. and during that time the company was having its registered office at the office of the said managing agents at No. 6, lyons Range, Calcutta. The company also had its factory at Goabaria in howrah. The petitioner at that time was a licensee under the said Managing agents at No. 6, Lyons Range. Since the termination of the managing agency agreement in 1963 the petitioner vacated the said office accommodation sometime in February, 1963 and on 1st March, 1963 the company shifted its entire business or undertaking from No. 6, Lyons Range, Calcutta to its bead office at Goabaria in Howrah. The sales division of the company was shifted to No. 13, Camac Street, Calcutta.
(2.)AT all material time and even prior to the petitioner company's shifting its sales office to Camac Street, Calcutta, the respondent Ananga Mohan ash was an employee at the office at lyons Range under the petitioner. In 1963 when the petitioner company shifted its sales department to Camac Street, ash was posted at the Camac Street office on the same terms, conditions and emoluments which he was enjoying before. In fact, Ash was an old employee of the petitioner company and he was serving the petitioner company for about 24/25 years from now. Ash was also a high official of the trade union connected with this company.
(3.)ON 9th April, 1964 Ash received a letter from the petitioner requiring him to work at its marine godown at the petitioner's Kidderpore dockyard. This marine godown was established after Ash joined the petitioner as an employee. On 11th April, 1964 Ash asked for 10 days' time to consider the matter and also requested the petitioner to cancel or rescind the order. The petitioner thereupon granted extension of his transfer order on the expiry whereof he was to give report to the godown keeper at the marine godown on 16th April, 1964 Ash wrote to the petitioner stating that the union had taken up the matter with the Labour commissioner and requested the company to keep the said order in abeyance till the disposal of the matter by the labour Commissioner. On 18th April, 1964 the petitioner wrote to Ash informing him that his transfer to marine godown had been deferred upto 29th April, 1964. Thereupon on 21st April, 1964 the petitioner wrote to the Labour commissioner informing him that as requested by the Labour Commissioner the petitioner "kept the transfer of Sri ananga Mohan Ash pending till 27th april, 1964". Pursuant to the request made by the Labour Commissioner the petitioner in that letter sought to explain the position as to why the transfer was necessary. In the said letter it was stated as follows: -
"shri Ananga Mohan Ash joined this company on 5. 11. 38 as an apprentice on a salary of rs. 7/50 np. Per month and his basic salary now is Rs. 184/- plus dearness Allowance at the Bengal Chamber of Commerce rate. He has no recognised educational qualifications. " Shri Ananga Mohan Ash was working in our head office at 6, Lyons Range, and was transferred to our sales office at 13, Camac Street, in March, 1963. "

We have transferred other clerks from our Calcutta office to our Marine and other godowns in the past.

"the transfer of Shri Ananga mohan Ash will in no way affect his present emoluments and service conditions. "the reasons for our transferring Shri Ananga Mohan Ash from our Calcutta Office to our marine godown at Kidderpore is:

"due to the expansion of our marine business we will be requiring his service at our Marine godown where he will be of more use to us than at 13 Camac Street, calcutta. "
The said letter was signed by one m. S. Mackertich, Joint Divisional manager of the petitioner. In the meantime by a petition dated 17th April, 1964 Ash moved the Third Industrial Tribunal praying, inter alia, for an order for a declaration that the alleged transfer order was a case of punishment and victimisation; for a direction on the said company to cancel and or to rescind the order of transfer to the godown from Camac Street office and for an order to allow him to work where he has been working since March, 1963. It would appear that Ash filed another application before the said third Industrial Tribunal for withdrawing the said petition.

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