BANK OF INDIA STAFF UNION WEST BENGAL Vs. BANK OF INDIA EASTERN ZONE
LAWS(CAL)-1996-3-36
HIGH COURT OF CALCUTTA
Decided on March 13,1996

BANK OF INDIA STAFF UNION Appellant
VERSUS
BANK OF INDIA, EASTERN ZONE Respondents


Referred Judgements :-

ASSISTANT PERSONAL OFFICERS,S,RAILWAY V. K.T.ANTHONY [REFERRED TO]
UNION OF INDIA V. R.REDDAPPA [REFERRED TO]
UNION OF INDIA VS. UNITED MOTORS INDIA LIMITED [REFERRED TO]
HIMMATLAL HARILAL MEHTA VS. STATE OF MADHYA PRADESH [REFERRED TO]
ROHTAS INDUSTRIES LIMITED VS. ROHTAS INDUSTRIES STAFF UNION [REFERRED TO]
U P FINANCIAL CORPORATION VS. GEM CAP INDIA PRIVATE LIMITED [REFERRED TO]
UNION OF INDIA VS. S L ABBAS [REFERRED TO]
STATE OF MADHYA PRADESH VS. S S KOURAV [REFERRED TO]


JUDGEMENT

D.P.Kundu, J. - (1.)In this writ petition the writ petitioners have, inter alia, prayed for the following reliefs:
"(a) A writ in the nature of Mandamus do issue commanding the Respondents Nos. 1 to 3 to act in accordance with section 33 of the Industrial Dispute Act, 1947 as well as the order passed by the Respondent No. 4 i.e. Assistant Labour Commissioner (Central), Calcutta-II ;

(b) A writ in the nature of Mandamus do issue commanding the Respondents Nos. 1 to 3 act in accordance with provisions laid down in the Shastri Award and natural justice;

(c) A writ in the nature of Mandamus do issue commanding the Respondents Nos. 1 to 3 to withdraw, cancel, or rescind the impugned and purported orders of transfer forthwith.

(d) A writ in the nature of Certiorari do issue requiring the Respondents to certify and transmit to this Hon'ble Court all records and proceedings relating to the subject matter in issue so that conscionable justice may be administered by quashing and/or setting aside any order of adversely passed against the interest of the petitioners;

(e) A writ in the nature of prohibition prohibiting the Respondents authorities to act in pursuance to the impugned orders of transfer ;

(f) A Rule Nisi in terms of prayers (a), (b), (c), (d) and (e) as above:

(g) An order of injunction be passed directing the Respondents Nos. 1 to 3 to act in accordance with section 33 of the Industrial Dispute Act, 1947 as well as the order passed by the Assistant Labour Commissioner (Central), Calcutta-II immediately ;

(h) An order of injunction be passed directing the Respondents Nos. 1 to 3 to act in accordance with section 33 of the Industrial Dispute Act, 1947 and cancel and/or withhold the order of transfer with immediate effect ;

(i) An order of injunction be passed directing the Respondent Nos. 1 to 3 to act in accordance with the provisions as laid down in the Shastri Award with immediate effect;

(j) An ad-interim order be passed in terms of prayers (g) , (h) and (i) as above ;

(k) Such other or further order or orders be passed as this Hon'ble Court may deem fit and proper ;

(l) Costs of an incidental to this application be paid by the Respondents to your petitioners".

(2.)In course of argument on behalf of the writ petitioners the learned Counsel called in question the transfer orders of petitioners Nos. 2, 3, 4, 5, 6, 7 and 8.
(3.)Before proceeding further in the matter it is useful to refer to a decision of Hon'ble Supreme Court in State of M P v. S. S. Kourav (AIR 1995 SC 1056) wherein Supreme Court observed as follows :-
"The Courts or Tribunals are not appellate forums to decide on transfers of officers on administrative grounds. The wheels of administration should be allowed to run smoothly and the Courts or Tribunals are not expected to interdict the working of the administrative system by transferring the officers to proper places. It is for the administration to take appropriate decision and such decisions shall stand unless they are vitiated either by mala fides or by extraneous consideration without any factual background foundation. In this case we have seen that on the administrative grounds the transfer orders came to be issued. Therefore we cannot go into the expediency of posting an officer at a particular place ".

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