S. MANIKUMAR, J.

Office bearer of M/s. Larsen & Toubro Employees Union, has been transferred by the management of M/s. Larsen & Toubro Limited, Pudhucherry vide proceedings in Ref.No.M-RH/ST-T/AP-1/40343 dated 04.01.2012.

2. According to the petitioner, an industrial dispute has been raised before the office of the Labour Officer (Conciliation), Government of Pudhucherry and the said officer has issued notice. Since transfer has been effected pending conciliation, there is infraction of Section 33 (2) of the Industrial Disputes Act and in such circumstances, writ petition has been filed. However, after going through the conciliation notice and taking note of a decision of the Hon'ble Apex Court in Transport and Dock Workers Union v. Mumbai Port Trust reported in (2011) 2 SCC 575, at paragraph Nos. 3 to 5, the writ Court vide order dated 28.02.2012, dismissed the writ petition. Paragraph Nos.3 to 5 of the order are extracted hereunder.

"3. But, however a perusal of the notice sent by the first respondent conciliation officer did not indicate that there was actually any conciliation pending either pursuant to the strike notice by the trade union or that the officer has suo mot