Judgement

RAMASWAMI, J. : This appeal is brought, by special leave, from the award of the Industrial Tribunal, Andhra Pradesh dated January 18, 1964 in Industrial Dispute No. 33 of 1963 and published in the Gazette of India No.6 dated February 8, 1964.

2. K. Veeranna was employed as a Clerk by the Syndicate Bank Ltd. (hereinafter called the Bank ) in the Vijayawada branch. An order was made on May 2, 1963 for the transfer or Veeranna from Vijayawada to a new branch of the Bank which was to open at Banganpalli. Veeranna refused to join duty at Banganpalli and applied for leave on medical grounds. Veeranna continued to remain on such leave till December 12, 1963 when the Bank had to post one Chandrashekhar from the Nandyal branch to the Banganpalli branch in place of Veeranna. In June, 1963 Veeranna was elected as Joint Treasurer of the Andhra Pradesh unit of the respondent s Union. Veeranna claimed that he was entitled to exemption from transfer under the Sastry Award and the dispute was referred for adjudication by the Government of India under S. 10(1)(d) of the Industrial Disputes Act to the Industrial Tribunal Hyderabad. The issue was:

"Whether the transfer of K. Veeranna a workma