Ghose, J. - (1.) This is an appeal under Section 635B of the Companies Act, 1956. The appeal was filed before the Companies Tribunal. The said Tribunal was abolished by the Companies Tribunal (Abolition) Act, 1967, with effect from 1st July, 1967. Under the provisions of the said Act this appeal has been transferred to this court.
(2.) The appellant is a company having its registered office at 18A, Brabourne Road, Calcutta, but it has its regional offices at different places including Chandigarh in the State of Punjab. One K. S. Paul is a senior sales officer of the said company posted at Calcutta. On or about 15th January, 1966, the managing director of the appellant company transferred the said Mr. Paul to Chandigarh for a period of six months and directed him to report for duty at Chandigarh by 24th January, 1966. Mr. Paul applied for leave for 12 days with effect from 25th of January, 1966. The said leave was granted. The employee was directed to report for duty at Chandigarh on the expiry of the said leave,
(3.) On 7th February, 1966, Mr. Paul wrote to the managing director that his physician Dr. D. P. Basu, had advised him to stay in temparate climate and to have monthly check up of his heart-condition. He also informed the managing director that the employees' union of the appellant-company had raised dispute with regard to this transfer and conciliation proceedings had been started and the appellant-company was requested by the labour department to keep the order of transfer in abeyance pending the conciliation proceedings.;