IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 24267 of 2008(L) -------------------------- PETITIONER: ------------ P.O.JOY ASSISTANT, GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LIMITED, KOZHIKODE DEPOT,KOZHIKODE BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. GUJARAT CO-OP. MILK MARKETING FEDERATION LIMITED, AMUL DAIRY ROAD, ANAND, GUJARAT 388 001 REPRESENTED BY ITS MANAGING DIRECTOR 2. THE GENERAL MANAGER GUJARAT CO-OP. MILK MARKETING FEDERATION LIMITED, 104, GN, CHETTY ROAD, III FLOOR T.NAGAR CHENNAI 600 017 3. THE DEPOT IN CHARGE GUJARAT CO-OP. MILK MARKETING FEDERATION LIMITED, KOZHIKODE DEPOT, KOZHIKODE 4. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL) SHRAM SADAN, KAKKANAD, ERNAKULAM SHRI.P.PARAMESWHARAN NAIR, A.S.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.24267 of 2008 ================== Dated this the 12th day of August, 2008 J U D G M E N T The petitioner is an Assistant in the service of the 1st respondent working at Kozhikode. He originally joined the service of the 1st respondent as a Stenographer. Subsequently he was promoted as Junior Executive. Later, alleging poor performance, he was reverted as an Assistant as per Ext.P6 order. Against the action of the management, a complaint was filed by the union representing the petitioner before the 4th respondent, a copy of which is produced as Ext.P7 in this writ petition. As soon as the same was filed the petitioner was transferred to Port Blair although he had requested for a transfer to Cochin. He challenges that transfer in this writ petition on the ground that during the pendency of the dispute such transfer is against the provisions of the Industrial Disputes Act. He also seeks a direction to the 4th respondent to take appropriate proceedings on Ext.P7 as contemplated under the Industrial Disputes Act. w.p.c.24267/08 2 2. I have heard the learned Assistant Solicitor General appearing for the 4th respondent also. In the nature of the order I propose to pass, I do not think it necessary to issue notice to respondents 1 to 3. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 4th respondent to take appropriate action on Ext.P7 complaint filed by the Union representing the petitioner, as contemplated under the Industrial Disputes Act and take it to its logical conclusion after hearing all parties. The same shall be done within a period of three months from the date of receipt of a certified copy of this judgment. The 4th respondent shall also consider the dispute as to the justifiability of transfer of the petitioner to Port Blair, during the pendency of the dispute raised by Ext.P7, in accordance with the provisions of the Industrial Disputes Act. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24267/08 3