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1989 Supreme(Kar) 23

D.P.HIREMATH
V. MOOKAN, MAJOR – Appellant
Versus
BRANCH MANAGER, SOUTHERN ROADWAYS LTD. – Respondent


D. P. HIREMATH, J.

( 1 ) APPEAL coming up for admission. Admitted. Heard on merits.

( 2 ) THE appellant herein is employed as a fitter under the second respondent - Southern Roadways which operates goods transport vehicles between different places spread over the States in southern India. Initially he was appointed as a cleaner and thereafter promoted as a fitter. His appointment in the first instance was at Madurai in the Central Maintenance and Parts department in the year 1966 and thereafter was transferred for the first time to Bangalore office in the year 1987. In the same year he was transferred to Madurai again in the month of september, and then to Bangalore on 1st January, 1988. Thereafter, by an order dated 11th April, 1988 he was transferred to Mangalore with effect from 12th April, 1988. This last transfer, according to him, was to a place where there was no Maintenance Department at all in which his services could be utilised and the action, of the respondents in transferring him to Mangalore lacks bona fides for the reason that he has enrolled himself as a member of the Workers' Union. He challenged this order in the Court of the City Civil Judge at Bangalore in O.








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