SEKAR REPORTER

M R . J U S T I C E D . B H A R A T H A C H A K R A V A R T H Y W.P.No.12505 of 2024 and WMP.Nos.13655 & 13656 of 2024 transfer order challenged allowed

Sekar Reporter
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2024
CORAM

THE HON’BLE M R . J U S T I C E D . B H A R A T H A C H A K R A V A R T H Y
W.P.No.12505 of 2024 and WMP.Nos.13655 & 13656 of 2024

  1. T.Devaraj
  2. S. Suresh … Petitioners
    Vs.
  3. Tamil Nadu Khadi and Village Industries Board,
    rep.its Chief Executive Officer,
    Kuralagam, Chennai 600 108.
  4. The Assistant Director
    Tamil Nadu Khadi and Village
    Industries Board,
    Chennai 600 104. … Respondents
    Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to order bearing No.03/A1/2024 dated 22.04.2024 issued by the 2nd respondent and quash the same as far as the petitioners are concerned and consequently direct the respondents to continue to engage the petitioners for carpentry works for which post they were appointed and designated as ‘Helper Grade – II, Carpentry’.
    For Petitioner : Ms.R.Vaigai
    Senior Counsel for
    M/s.Anna Mathew
    For Respondents : M/s.R.Uma
    Standing Counsel
    O R D E R

This writ petition is filed for issuance of a Certiorarified Mandamus calling for the records pertaining to order bearing No.03/A1/2024 dated 22.04.2024 issued by the 2nd respondent and quash the same as far as the petitioners are concerned and consequently direct the respondents to continue to engage the petitioners for carpentry works for which post they were appointed and designated as ‘Helper Grade – II, Carpentry’.

  1. Ms R.Vaigai , learned Senior Counsel appearing for the petitioners submitted that the petitioners were all engaged being artisans in their respective crafts namely Carpentry and Blacksmith. They do not have formal education but they are trained and experienced craftsmen. They were employed in the Carpentry unit. However, they were not made permanent and therefore they approached the Labour Court vide I.D.No.489 of 2004 and by an award dated 25.07.2008 the management was directed to confer permanent status on them. The award was further challenged before this
    Court and was taken up for further appeal and up to the Hon’ble Supreme Court of India and the award was confirmed. Even after the same, only after filing a contempt petition, the petitioners were granted permanent employment in the cadre Helper Grade II Carpentry. When the petitioners were all employed as Helper Grade II Carpentry, suddenly by the impugned order they were now deputed to hold the post of some other cadre and man the counters in respect of Silk sarees sale section and the section for soaps, honey and maintenance of sales ledger etc., The petitioners are all illiterates only possessing craftsmanship in Carpentry, they cannot man the said section. Therefore, they are before this Court challenging the said order.
  2. The learned Senior Counsel further submitted that even though the Carpentry unit in Chennai is non-functional, it is the specific case of the petitioners that Carpentry units are functioning at Tirunelveli, Pallikonda, Arakkonam, Kallakurichi and Sivagangai. Therefore, if the respondent Board is unable to provide work for the petitioners in Chennai, it can only transfer them to any of those carpentry units and it cannot permanently accommodate them to other posts which do not belong to the cadre of the petitioners. The same is practically impossible given the fact that the petitioners are only carpenters and they do not even have a formal school education. Therefore, she prayed this Court to interfere in this matter.
  3. Per contra, Ms R. U m a , learned Standing Counsel appearing for the respondents submitted that the matters of posting are within the domain of the employer. The posting orders are issued by considering (i) the request of the petitioners and other carpenters to retain them in Chennai itself; (ii) no Carpentry work is available at Chennai; (iii) the other employees who are in these posts are retiring and the posts are becoming vacant; and (iv) only to man the counter. They have to join duty and work in the said posts. The respondent Management is willing to give them sufficient training which may be needed. The petitioners are receiving a high salary of Rs.42,000/- p.m. and plead their illiteracy as a defence for not working in the other posts. Therefore she prayed that the writ petition is without any merits and the same has to be dismissed.
  4. Heard both sides and perused the materials available on record.
  5. Even though the matters of transfer and posting are within thedomain of the employer, so long as the same is within the cadre and does not interfere with any legal right of the petitioners, the Court will not interfere. In this case, it can be seen that when the respondents passed the order of conferring permanency on the petitioner by their order dated 27.09.2023, it was specifically made in the post of Helper Grade II Carpe ntry .
  6. If they are temporarily involved in some counter duty for shortage of manpower, this Court will not interfere. However, it is seen that the respective employees in those other posts are retiring therefore the respondent organization wants to utilize the petitioners’ services in those posts. In that background, the petitioners having been conferred permanency in a particular post are entitled to continue to the said post especially considering the fact that the petitioners are all Carpenters/craftsmen/artisans and they do not have a formal school education.
  7. In paragraph 5 of the counter affidavit the fact that the Carpentry units are functioning in other districts in Vellore, Tirunelveli and Sivagangai is specifically admitted by the respondents. Therefore, if the respondents are not in a position to allocate carpentry work to the petitioners in Chennai, they can be transferred along with their posts to those Carpentry units, so that they can be employed as Helper Grade II Carpe ntry . It is also further brought to the notice of this Court that the petitioners are in the pay roles of the Tirunelveli Carpentry unit only. Therefore, it would be either open for the respondents to adopt the above course or to resuscitate the Carpentry unit in Chennai and allocate them Carpentry work in Chennai if it is viable. The Learned Senior Counsel for the petitioners made a statement that the petitioners are willing to join the carpentry units in the other places also and the same is recorded.
  8. In view thereof, this writ petition is allowed on the following terms:-
    (1) The impugned order dated 22.04.2024 shall stand quashed in as much as the petitioners are concerned.
    (2) The respondents will be at liberty to employ the petitioners in the posts of “Helper Grade II Carpentry” in Chennai or in any one of their Carpentry units depending on their leaves and wherever the vacancies are available. No costs. Consequently, connected miscellaneous petitions are also closed.
    Epilogue:
    The market forces are driving the World towards luxury, pomp and grandeur. There are enough colourful LEDs, blaring advertisements, pop-us that pull the majority of us towards that. However, some noble souls of this great nation think otherwise. They advocate white, simplicity, Khadi etc. It cannot be said that going after luxury and grandeur is wrong. But in a society, the presence of the counter-narrative is essential. If only both options are showcased, any citizen of today or tomorrow can choose his own. I believe that the Father of our nation stood for this counter-narrative. Khadi Craft in my opinion stands for this philosophy. It was built to sell ‘simplicity’ and showcase traditional wisdom. But this case reveals that they are selling Silk Sarees – which is the symbol of pomp and grandeur in this Country. Since in this case, the carpenter who otherwise would be making the simple wooden dolls is deputed to the ‘silk saree’ section, these observations are made. In many Khadi showrooms nowadays, all kinds of clothes that are neither Khadi nor of any village industry are sold. A copy of this order can be placed before the Board of the respondents and it is for them to decide. 28. 0 6 . 2 0 2 4 Neutral Citation: Yes
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    D . B H A R A T H A C H A K R A V A R T H Y , J.
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    To
  9. The Chief Executive Officer,
    Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai 600 108.
  10. The Assistant Director
    Tamil Nadu Khadi and Village
    Industries Board, Chennai 600 104.
    W.P.No.12505 of 2024 and WMP.Nos.13655 & 13656 of 2024
    28.06.2024
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