UMESH CHANDRA BANERJEE, J. - (1.) THIS writ petition is directed against the order of transfer issued as regards tour drivers of Steel Authority of India., Central Marketing Organization, Calcutta -from Calcutta to Dharmanagar, Rourkela, Bhilai and Gauhati. The impugned order dated 2nd August 1986 provided that the above employees will stand released with effect from the afternoon of 2nd August 1986 and that they will be entitled to normal transfer benefits. In addition, they will also be entitled to an individual grant of Rs. 500/ -.
(2.) WHEREAS the petitioners contended that the order of transfer is wholly malafide and an after -math of the wrath and vengence of the respondent -authority, having failed to gain the desired objective in the matter of introduction of shifting duty from February 1986 onwards, the respondent -authority contended that question of any after -math or any wrath or vengenance does not arise, on the contrary by reason of the exigencies of circumstances, the transfer order became indispensable and as such the same was passed, It appears that the respondent delivered a notice under Section 9(a) of the Industrial Disputes Act with the intention to effect changes as regards the duty hours for the drivers in Home Sales Department including Export and Import Department and Transport arid Shipping Department including their branches at Calcutta and Howrah, By the above noted notice the company desired to introduce 'A' shift from 5.30 A.M. to 2.30 P.M., 'B' shift from 1.30 P.M. to 10.30 P.M. with one hour break and 'C shift from 9.30 P.M. to 6.30 A.M. with one hour break and the general shift from 9 A.M. to 6 P.M. It was made known that the drivers would be rotated on shifts and the pattern of deployment of drivers on shifts would be notified separately from time to time. In pursuance thereof on 21st February 1986 three drivers, viz., P. Sahu, H. Singh and B. Singh were directed to follow the over -lapping shift duty hours with effect from 27th February 1986.
(3.) AT this juncture, it would be convenient to notice the other writ petition filed by the Union against the company wherein A.K. Sengupta, J. on 5th March 1986 passed the following order: Dr. Pal appearing for the Steel Authority of India has submitted that the impugned duty hours regarding three drivers mentioned in Annexure 'C' to the petition would not be implemented till 8th March 1986. Let the matter appear for further order on 7th March 1986. Assistant Labour Commissioner, before whom the proceeding is pending and fixed on 6th March 1986 shall hear the matter and give his decision. Let a plain copy of the order countersigned by the Asstt. Registrar (Court) be given to the Id. Adv. for the petitioners. On 10th March 1986 the order dated 5th March 1986 was modified to the following effect: Company will not change the working hours in respect of the drivers who are not covered by the settlement dated 29th November 1985. It is submitted by Mr. Garai - learned Advocate for the petitioner that the petitioners and the many other drivers are not covered by the said settlement. Copy of the settlement dated 29th November 1985 be kept on record. ;