JUDGMENT

The Judgment of the Court was delivered by

KIRPAL, J. - Special leave granted.

2. The dispute which arises in this case pertains to the transfer of the respondent from the appellants establishment at Bangalore to its factory at Mumbai.

3. Briefly stated the facts are that the respondent was appointed as a mechanic by a letter of appointment dated 31-1-1983 in the appellants establishment at Bangalore. Two of the terms of appointment which are relevant for the purposes of the present case namely clause 3 and clause 11 are as follows :

Clause 3 :

You will be in full time employment with the Company. You are required to work at the Companys establishment at Bangalore or at any of its establishments in India as the Company may direct without being entitled to any extra remuneration. You shall have to carry out such duties as are assigned to you, diligently and during such hours as may be stipulated by the management from time to time. While you are in service, you shall not be employed elsewhere or have any interest in any trade or business.

Clause 11 :

You will be governed by the Standing Orders applicable for workmen of the Company, a copy of which is attached for your refer