1. The petitioner is a trade union. In this Writ Petition, they have come forward to challenge an order of transfer dated 4.1.2012 granted against one of its member, who was a Technical/Commercial Supervisor (by name V.Rajendiran) transferring him from the existing station to TL BU Site (West Bengal State).

2. Admittedly the 2nd respondent company is a private construction company and no such Writ Petition will lie against the said Company that too against the order of transfer. However, according to the petitioner, they have a raised a dispute before the Government Labour Officer (Conciliation) at Puducherry and since the Conciliation proceeding is pending, there is a violation of Section 33 of the Industrial Disputes Act and therefore without the approval of the Conciliation Officer, the management cannot effect the impugned order of transfer.

3. It is also stated that as against the Standing Order certified by the Certifying Authority, the Trade union has filed an appeal under Section 6 of the Industrial Employment Standing Orders Act before the appellate authority and therefore a clause relating to transfer cannot be given effect to. However, this Court is not incli