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2004 Supreme(Mad) 711

B.SUBHASHAN REDDY, R.BALASUBRAMANIAN, M.THANIKACHALAM
P. Pitchumani – Appellant
Versus
The Management of Sri Chakra Tyres Limited, represented by its Managing Director, Madurai and others – Respondent


Advocates:
V.Prakash, for Appellants and Petitioners in the Writ Appeals and Writ Petitions.
Meenakshi Sundaram, for Respondents in W.As.No.1387 to 1389 of 2002.
V.Karthik, for Respondents in W.A.Nos.1390 to 1392 of 2002.
A.L.Somayaji, Senior Counsel, for N.Balasubramanian, for Respondents W.A. Nos.1393 to 1411 of 2002.
M.Sekar, SCGSC, for Union of India.
A.L.Somayahi, Senior Counsel, for M/s.Gupta Ravi and M/s.Rangarajan Prahakaran, for Respondents in all the Writ Petitions.

B.Subhashan Reddy, C.J.: The matters have been referred to Full Bench to answer whether a private company is amenable to writ jurisdiction under Art.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.Suzuki 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 Industrial Disputes 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 t







































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