IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 05/05/2004 Coram The Honourable Mr. B. SUBHASHAN REDDY, Chief Justice, The Honourable Mr. Justice R. BALASUBRAMANIAN and The Honourable Mr. Justice M. THANIKACHALAM W.A. No.1387 of 2002 and W.A.Nos. 1388 to 1411 of 2002, W.P. Nos.16313 to 16317, 16507, 17182, 19130 to 19143, 19451, 20259 to 20294 of 2003 and W.A.M.P. Nos.2479 to 2518 of 2002. W.A. No.1387 of 2002 P. Pitchumani ... Appellant -Vs- 1. The Management of Sri Chakra Tyres Ltd., rep. by its Managing Director, 10, Jawahar Road, Post Box No.81, MADURAI - 625 002. 2. The Human Resource Development Manager, Sri Chakra Tyres Ltd., Perumalpatti Road, Vellaripatti Village, Melur Taluk, Madurai - 625 122. ... Respondents W.A. No.1388 of 2002 V. Amalraj ... Appellant Vs. 1. The Management of Sri Chakra Tyres Ltd., rep. by its Managing Director, 10, Jawahar Road, Post Box No.81, MADURAI - 625 002. 2. The Human Resource Development Manager, Sri Chakra Tyres Ltd., Perumalpatti Road, Vellaripatti Village, Melur Taluk, Madurai - 625 122. ... Respondents W.A. No.1389 of 2002 R. Balamurugan ... Appellant Vs. 1. The Management of Sri Chakra Tyres Ltd., rep. by its Managing Director, 10, Jawahar Road, Post Box No.81, MADURAI - 625 002. 2. The Human Resource Development Manager, Sri Chakra Tyres Ltd., Perumalpatti Road, Vellaripatti Village, Melur Taluk, Madurai - 625 122. ... Respondents W.A. No.1390 of 2002 B. Anikumar ... Appellant Vs. 1. The Management of TVS Suzuki Ltd., (now TVS Motor Co. Ltd.) rep. by its Chairman & Managing Director, Jayalakshmi Estate, VI Floor, No.8, Haddows Road, Chennai - 600 006. 2. The Vice President (IR), TVS Suzuki Ltd., (now TVS Motor Co. Ltd.) 4, Harita, Hosur - 635 109, Dhrmapuri District. ... Respondents W.A. No.1391 of 2002 R. Ganesan ... Appellant Vs. 1. M/s. Lakshmi Auto Components Ltd., rep. By its Special Officer, Harita, Hosur - 635 109. 2. The Management of TVS Suzuki Ltd., (now TVS Motor Co. Ltd.) rep. by its Chairman & Managing Director, Jayalakshmi Estate, VI Floor, No.8, Haddows Road, Chennai - 600 006. ... Respondents W.A. No.1392of 2002 P. Sivakumar ... Appellant Vs. 1. The Management of TVS Suzuki Ltd., (now TVS Motor Co. Ltd.) rep. by its Chairman & Managing Director, Jayalakshmi Estate, VI Floor, No.8, Haddows Road, Chennai - 600 006. 2. The Vice President (IR) Mr. S. Rajagopalan, TVS Suzuki Ltd., (now TVS Motor Co. Ltd.) 4, Harita, Hosur - 635 109, Dhrmapuri District. ... Respondents W.A. No.1393 of 2002 S. Venu ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1394 of 2002 K. Jaganathan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1395 of 2002 S. Kalyana Sundaram ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1396 of 2002 V. Kanniappan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1397 of 2002 S. Krishnan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1398 of 2002 R. Murugan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1399 of 2002 S. Rajendran ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1400 of 2002 A. Padmanabhan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1401 of 2002 J. Venkatachari ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1402 of 2002 T. Jagadeesan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1403 of 2002 N. Rammohan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1404 of 2002 I. Vaikundavasar ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1405 of 2002 M. Selvam ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1406 of 2002 R. Nandagopal ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1407 of 2002 G. Nadanasabapathy ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1408 of 2002 G. Mariswaran ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1409 of 2002 V. Natarajan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1410 of 2002 S. Paramanandham ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents W.A. No.1411 of 2002 N. Devarajan ... Appellant Vs. 1. The Management of Axles India Ltd., rep. By its Vice President (Operations), Singaperumal Koil Street, Sriperumbudur - 602 105. 2. S. Ram, Managing Director, Axles India Ltd., No.21, Patullos Road, Madras - 600 002. 3. State of Tamil Nadu, rep. By its Secretary to Government, Labour & Employment, Fort St. George, Madras - 600 009. ... Respondents Appeals against the order dated 24.1.2004 of the learned single Judge in W.P. No.15513 of 2000. W.P. Nos.16313 to 16317 of 2003 C.M. Sakappa ... Petitioner in WP 16313 T. Parasuraman ... Petitioner in WP 16314 G.S. Sekar ... Petitioner in WP 16315 G. Jambulingam ... Petitioner in WP 16316 M. Venkatesh ... Petitioner in WP 16317 Vs. 1. The Management of GE Power Controls India P. Ltd., Rep. By its Managing Director, Plot Nos.42/1 and 45/14, Phase II, Electronic City, BANGALORE - 561 229. 2. The Director (Operations), GE Power Controls India P. Ltd., Plot No.46, SIPCOT Industrial Complex, Hosur - 635 126. 3. G.L. Rangnekar, Director (Operations), GE Power Controls India P. Ltd., Plot No.46, SIPCOT Industrial Complex, Hosur - 635 126. ... Respondents in all the petitions. W.P. No.16507 of 2003 M. Veera Reddy .. Petitioner Vs. 1. The Management of GE Power Controls India P. Ltd., Rep. By its Managing Director, Plot Nos.42/1 and 45/14, Phase II, Electronic City, BANGALORE - 561 229. 2. The Director (Operations), GE Power Controls India P. Ltd., Plot No.46, SIPCOT Industrial Complex, Hosur - 635 126. 3. G.L. Rangnekar, Director (Operations), GE Power Controls India P. Ltd., Plot No.46, SIPCOT Industrial Complex, Hosur - 635 126. ... Respondents W.P. No.17182 of 2003 ICICI Bank Employees Union Formerly known as Bank of Madura Employees Union, Rep. By its General Secretary M. Lakshmanan Madurai. ... Petitioner Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. .. Respondents W.P. Nos.19130 to 19136 of 2003 M. Vellayappan ... Petitioner in WP 19130 S. Lakshmanan ... Petitioner in WP 19131 A. Meiyappan ... Petitioner in WP 19132 B. Venkatesh ... Petitioner in WP 19133 J. Sasikala ... Petitioner in WP 19134 PL. Murugappan ... Petitioner in WP 19135 B.N. Balasundaram ... Petitioner in WP 19136 Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex,Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. Nos.19137 to 19143 of 2003 AN. Manickam ... Petitioner in WP 19137 P. Mohd. Ibrahim ... Petitioner in WP 19138 R. Mohana Durga ... Petitioner in WP 19139 N. Anantharaman ... Petitioner in WP 19140 S. Mariappan ... Petitioner in WP 19141 S. Prabavathi ... Petitioner in WP 19142 S. Rajasekaran ... Petitioner in WP 19143 Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. No.19451 of 2003 ICICI Bank Employees Union Formerly known as Bank of Madura Employees Union, Rep. By its General Secretary M. Lakshmanan Madurai. ... Petitioner Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. Nos.20259 to 20263 of 2003 S. Mohan ... Petitioner in WP 20259 V. Soundararajan ... Petitioner in WP 20260 A. Subramanian ... Petitioner in WP 20261 K. Palaniappan ... Petitioner in WP 20262 R.M. Nallappan ... Petitioner in WP 20263 Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. Nos.20264 to 20268 of 2003 A. Manjunath Nayak ... Petitioner in WP 20264 Gaikwad Milind Vishnu ... Petitioner in WP 20265 Sushma Rajendra Padnekar ... Petitioner in WP 20266 Pravin Manilal Vyas ... Petitioner in WP 20267 Renuka Tarachand Munjwani ... Petitioner in WP 20268 Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. Nos.20269 to 20273 of 2003 C. Palaniyappan ... Petitioner in WP 20269 Azhar Ahamed Bizil ... Petitioner in WP 20270 C. Rajavel ... Petitioner in WP 20271 K. Lakshmi ... Petitioner in WP 20272 S. Sugumar ... Petitioner in WP 20273 Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. Nos.20274 to 20278 of 2003 M.V. Manickam ... Petitioner in WP 20274 K.N. Venkatachalam ... Petitioner in WP 20275 V.S. Selvar 76 N. Venkatakrishnan ... Petitioner in WP 20277 M. Rajagopal ... Petitioner in WP 20278 Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. Nos.20279 to 20283 of 2003 Rajan Radhakrishnan ... Petitioner in WP 20279 Raul Jagannath Vishnu ... Petitioner in WP 20280 Babu Khan ... Petitioner in WP 20281 Chitra Sandeep Ubale ... Petitioner in WP 20282 Dayanand Manjanath Gokariv ... Petitioner in WP 20283 Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. Nos.20284 to 20288 of 2003 Ms. Deodita Rodrigues ... Petitioner in WP 20284 Ms. Lakshmi Sridhar Galagali ... Petitioner in WP 20285 Mrs. Poornima Prakash Kulkarni ... Petitioner in WP 20286 B. Annappa Pai ... Petitioner in WP 20287 Vidyadhar K. Kulkarni ... Petitioner in WP 20288 Vs. 1. The Management of ICICI Bank Ltd., rep. By its Managing Director and Chief Executive Officer, ICICI Towers, Bandra Kurla Complex, Mumbai - 400 051. 2. The Assistant General Manager, ICICI Bank Ltd., Human Resources Management Group - Chennai, Corporate Office, Chennai Unit, 'Karumuttu Nilayam', 192 Anna Salai, Chennai - 600 002. 3. Union of India, rep. By its Secretary, Ministry of Labour, Shram Sakthi Bhavan, New Delhi. 4. Reserve Bank of India, rep. By its Governor, Reserve Bank of India Central Office, Fort, Mumbai - 400 001. ... Respondents W.P. Nos.20289 to 20294 of 2003 S. Lakshmipathy .. Petitioner in WP 20289 S. Arumugam ... Petitioner in WP 20290 S. Murali 91 K.V. Chandrasekar .. Petitioner in WP 20292 R. George William .. Petitioner in WP 20293 A. Ramamoorthy ... Petitioner in WP 20294 Vs. 1. The Management of GE Power Controls India P. Ltd., Rep. By its Managing Director, Plot Nos.42/1 and 45/14, Phase II, Electronic City, BANGALORE - 561 229. 2. The Director (Operations), GE Power Controls India P. Ltd., Plot No.46, SIPCOT Industrial Complex, Hosur - 635 126. 3. G.L. Rangnekar, Director (Operations), GE Power Controls India P. Ltd., Plot No.46, SIPCOT Industrial Complex, Hosur - 635 126. ... Respondents Petitions under Article 226 of Constitution of India for the issuance of Writs of Declaration for the reasons stated therein. !For Appellants and Petitioners : Mr. V. Prakash in the Writ Appeals and Writ Petitions ^For Respondents in W.As. 1387 to : Mr. Meenakshi Sundaram 1389 of 2002 For Respondents in W.A. Nos.1390 : Mr. V. Karthik to 1392 of 2002 For Respondents W.A. Nos.1393 to : Mr. A.L. Somayaji, S.C. 1411 of 2002 for Mr. N. Balasubramanian For Union of India /Respondents : Mr. M. Sekar, SCGSC For Respondents in all the Writ : Mr. A.L. Somayahi, S.C. Petitions for M/s. Gupta Ravi and M/s. Rangarajan Prahakaran :J U D G M E N T THE HONOURABLE THE CHIEF JUSTICE The matters have been referred to Full Bench to answer whether a private company is amenable to writ jurisdiction under Article 226 of Constitution of India and if so what are the parameters. 2. These matters relate to transfer of employees of Sri Chakra Tyres Limited., T.V.S.Suziki Limited, Axle India Limited, ICICI Bank India Limited and G.E. Power Controls India Limited. While the employees complain the managements' act of their transfers as a measure of victimization and thus extraneous and mala fide, the managements counter the said allegations asserting that transfers are made in exigencies of service and for better performance of the companies, and not for any extraneous reasons or as a measure of victimization. 3. The learned single Judge has upheld the contention raised on behalf of the Managements that the Writ Petition is not maintainable and that the employees have to approach the forums created under the Industrial Disputes Act, hereinafter referred to as the ID Act. Writ Appeals have been preferred by the employees before the Division Bench and then other Writ Petitions were also tagged on to the said Writ Appeals and after hearing the matters, by a common order passed on 31.10.2003, the Division Bench was inclined to concur with the findings of the learned single Judges but felt that the matter be referred to the Full Bench as another coordinate Bench in CHEMPLAST SANMAR LTD. v. METTUR CHEMICALS PODHU THOZHILALAR SANGAM & ANOTHER (2000 (1) L.L.J. 1 335) took a view that for violation of a statutory provision, Writ Petition is maintainable even against a private company. 4. W.A.Nos.1387 to 1389 of 2002 relate to Sri Chakra Tyres Ltd., and filed by the employees against the order of the learned single Judge. W.A.Nos.1390 to 1392 of 2002 are filed by employees of T.V.S. Suziki Ltd., against the order of the learned single Judge. W.A.Nos.1392 to 1411 of 2002 have been filed by the employees of the Axle India Ltd., aggrieved by the order of the learned single Judge. So far as the writ petitions are concerned, they have been referred to be heard along with the writ appeals, when they came up before the learned single Judge. 5. Mr.V.Prakash, the learned counsel appearing for the writ appellants and writ petitioners strenuously contended that the transfers, which have been effected, are mala fide due to extraneous reasons and not in exigencies of service as projected by the management, that a reference under Section 10 of the Industrial Disputes Act, 1947 is not an answer to redress the grievance of the employees, and that in fact, such a reference at the instance of certain individuals is not maintainable as only Employees Union can avail of Section 10 of the Industrial Disputes Act, 1947. As such, alternative remedy doesn't exist, and even if it exists, it is not efficacious. It is also argued by Mr.V.Prakash, learned counsel for the employees that civil suits are barred and there is no remedy under the Industrial Disputes Act, 1947, and the only remedy, which is available is the one provided under Article 226 of the Constitution of India, and this Court shall not shut the doors to the employees. He also submitted that in the case of ICICI Bank the pensionery benefits are being curtailed and that is a change in service condition, and pension being a fundamental right traceable under Article 21 of the Constitution of India, writ petition is maintainable. There is no need for adjudication, so far as the pensionery benefits