Transfers ordered for smooth running of administration and as public policy cannot be considered unfair labour practice unless tainted with mala fides and arbitrary exercise of power.

1. The petitioners herein, who are working as Tradesman and Selection Grade Driver respectively, have come up with the present writ petitions seeking to issue writs of certiorari to call for the records pertaining to the proceedings in Ka.Ku. No.10/30/Ni.3/TNSTC (V)/2011 and Ka.Ku. No.43/3889/Ni.2/TNSTC (V)/2011, both dated 26.02.2011, in and by which, the petitioners have been transferred from Villupuram Depot to Sankarapuram Depot near Kallakurichi and to Koyambedu Depot respectively, and to quash the said transfer orders by allowing the writ petitions with costs.

2. Both these writ petitions challenging the transfer orders issued by the same respondents/authorities have been heard together and they are disposed of by this Common Order.

3. Mr.Ajay Khose, learned counsel appearing for the petitioners, at the first instance, submits that the transfer orders under challenge came to be passed as a punitive measure with mala fide intention against the petitioners, who are Vice-President and Depot President respectively of the Arasu Pokkuvarathu Uzhiyar Sangam, Villupuram and Puducherry, for their unsparing efforts in getting pay and allowances for the co-employees on par with Electricity Board Employees and to see that the existing Pension Trust is taken over and administered by the Government. He pointed out that, emphasising the implementation of their demands, the petitioner's Union along with 7 other Unions and LPF, submitted a Common Charter of Demands and only when the exhaustive efforts yielded no fruitful outcome, the Union issued a strike Notice dated 30.12.2010 proposing to go on strike after 14 days. Without resorting to any conciliation proceeding to resolve the issue, after the peaceful strike on 27.01.2011, the respondents/Corporation started to have a vindictive approach against the office-bearers of the Union in particular against the petitioners and ultimately served the impugned transfer orders on them and other members. According to the learned counsel, the timing and background in which the impugned orders came to be passed need no deep analysis for one to understand that it is nothing but an hostile approach of the Corporation against the petitioners, who strived for the cause of the co-employees in getting the allowances due to them and in having their pension Trust administered by the Government. Therefore, the impugned orders are unjust, unreasonable and violative of Article 14 of the Constitution and further, transfer of the petitioners from Puducherry Depot to Sankarapuram and Koyambedu Depots under the guise of administrative exigency when, in fact, there was no such administrative exigency, would undoubtedly amount to unfair labour practice within the meaning of Sec.2(ra) read with Item No.7 of Part-I of the V Schedule to the Industrial Disputes Act (ID Act) and such practice is prohibited under Section 25(T) and punishable under Section 25 (U) thereof. Learned counsel further added that insofar as the petitioner in W.P. No.5528 of 2011 is concerned, to reach the transferred place from his native place, he would have to take three buses travelling 6 hours to cover 120 kms both for onward and return journey, and as regards the petitioner in W.P. No.5529 of 2011, he may have to travel for about 199 kms both for onward and return journey every day. Further, in both the cases, the petitioners are not yet relieved and no one is posted in their places at the Puducherry Depot. By referring to an unreported decision of this Court dated 01.04.2011 passed in W.P. Nos.4262 to 4265 of 2011, wherein, this Court after finding fault with the very same respondents for transferring 4 of the employees/petitioners as a punitive measure under the guise of administrative exigency, ultimately quashed those orders, learned counsel submitted that, in the instant cases also, without any necessity or administrative exigency, the respondents-corporation have passed the transfer orders against the petitioners only as a