Case Note & Summary
The present Intra Court Appeals under Clause 15 of the Letters Patent were filed by both the Writ Petitioner/Union and the respondent/Management, challenging the common Writ Order dated 17.10.2025 passed in W.P.Nos.28283 and 25963 of 2023. The background of the case is an industrial dispute concerning the transfer of workmen from the Vaiyampalayam branch of L.G.Balakrishnan and Brothers Limited to other units. The Union, Uzhaipor Urimai Iyakkam, representing the workmen, challenged the transfer order as mala fide, while the Management sought to uphold the transfer and also challenged the Labour Court's award. The Principal Labour Court (FAC), Coimbatore, had passed an award on 10.05.2023 in I.D.No.66 of 2019, which was challenged by both parties in separate writ petitions. The Writ Court considered the issues and disposed of the writ petitions by a common order, holding that the transfer order was not mala fide. However, due to the efflux of time and long pendency of the case, the Writ Court declined to interfere with the transfer order and also denied back wages. Both parties being dissatisfied, filed the present appeals. The Division Bench, after hearing the submissions, found no grounds to interfere with the Writ Court's order. The Bench noted that the finding of the Writ Court that the transfer was not mala fide was based on evidence and was not perverse. Regarding back wages, the Bench held that since the workmen had not worked for a long period and the dispute had been pending for years, the denial of back wages was justified. Consequently, the appeals were dismissed, and the common order of the Writ Court was upheld.
Headnote
A) Industrial Law - Transfer of Workmen - Mala Fide - The transfer order challenged by the Union was held not to be mala fide by the Writ Court, and the Division Bench affirmed this finding, noting that the Management had valid reasons for transfer. (Paras 3-4) B) Industrial Law - Back Wages - Efflux of Time - Due to the long pendency of the case, the Writ Court declined to grant back wages, and the Division Bench upheld this decision, emphasizing that the dispute had been pending for years and the workmen had not worked during that period. (Paras 3-4) C) Industrial Law - Industrial Disputes Act, 1947 - Section 2A - The dispute pertained to transfer of workmen, which was raised as an industrial dispute under the Act. The Labour Court had passed an award, which was challenged by both parties. (Paras 2-3)
Issue of Consideration
Whether the transfer order of workmen was mala fide and whether back wages should be granted after long pendency of the dispute.
Final Decision
The Division Bench dismissed all three Writ Appeals, upholding the common order of the Writ Court dated 17.10.2025. The transfer order was held not mala fide, and no back wages were granted due to efflux of time.
Law Points
- Transfer order not mala fide
- Back wages denied due to efflux of time
- Industrial dispute under Industrial Disputes Act
- 1947
