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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Management of Dynamatic Technologies Limited (JKM Auto) – Appellant
Versus
E. Seenuvaasan – Respondent
ORDER :
D.Bharatha Chakravarthy, J.
A.The Writ Petition:
This writ petition challenges the common award of the 1st Additional Labour Court, Chennai, dated 11.04.2018, in I.D. No. 219 of 2014 and 229 of 2014. By this award, the claim petitions filed by the workmen under Section 2A(2) of the Industrial Disputes Act, 1947 (hereinafter ‘the Act’) were allowed by the Labour Court, ordering the reinstatement of the workmen with continuity of service and back wages.
1.1. Eleven workmen are involved in these industrial disputes. Their grievances are common and identical and are taken up and disposed of by this order.
B. Case of the Workmen:
2. The case of the Workmen is that the Management is engaged in the business of manufacturing automobile spare parts and supplying them to leading automobile manufacturing industries. There are more than 1,000 workers in the Management. Meanwhile, the Workmen joined the United Labour Federation and established its branch in the factory. Consequently, the Management began threatening the workers, stating that unless they left the Union, they would be terminated from service, and resorted to several unfair labour practices to instil fear psychosis among the wor
The Management's transfer of workmen was ruled illegal due to violations of the Industrial Disputes Act during pending conciliation, affirming the Labour Court's authority to review such actions.
An employee must comply with a valid transfer order to claim back wages; failure to challenge it in previous proceedings negates wage entitlement.
The court affirmed that a transfer of service is a lawful exercise of management's discretion and does not constitute termination unless explicitly stated in the employment contract.
Judicial review of administrative transfers in employment requires proof of mala fide or jurisdictional error, reaffirming adherence to contractual terms unless misconduct is established.
Termination of employment deemed punitive requires prior permission under Section 33 of the Industrial Disputes Act, 1947, which was not obtained, rendering the termination illegal.
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