GUWAHATI, India, March 1 -- Gauhati High Court issued the following order on Jan. 29:
1. Heard Mr. S. Dutta, the learned Senior counsel assisted by Ms. S. Mochahary, the learned counsel appearing on behalf of the Petitioner and Mr. K. N. Choudhury, the learned Senior counsel assisted by Ms. R. R. Kakati, the learned counsel appearing on behalf of the Respondent No.2.
2. At the outset, this Court deprecates the conduct of the Petitioner in impleading the Presiding Officer of the Labour Court, Kamrup (M) as a party to the instant proceedings. The Presiding Officer, Labour Court, Kamrup (Metro) who has been arrayed as the Respondent No.1 is struck off.
3. The dispute involved in the instant proceedings pertains to the maintainability of a proceedings initiated under Section 2A of the Industrial Disputes Act, 1947 (for short 'the Act of 1947') registered as Case U/S 2A No.02/2025 pending before the learned Labour Court, Kamrup (Metro) at Guwahati (hereinafter referred to as 'the Learned Labour Court') and the orders which have been passed in the said proceedings including the order dated 29.07.2025 passed in Misc. Case No.03/2025 arising out of Case U/S 2A No.02/2025.
4. The brief facts of the instant case as would appear from the materials on record is that the Respondent No.2 herein is a permanent employee of the Petitioner company who was working in the capacity of a Cluster Head, Guwahati. The Respondent No.2 was transferred by the Petitioner company to Kolkata to join as the Credit Manager, Kolkata. The Respondent No.2 challenged the said transfer order before the learned Labour Court in a proceedings under Section 2A of the Act of 1947. Upon filing of the said application which was registered as Case U/S 2A No.02/2025, the learned Labour Court vide an order dated 19.06.2025 passed an injunction order in Case U/S 2A No.02/2025 thereby staying the transfer order dated 24.04.2025 and issued notice to the Petitioner. The Petitioner thereupon filed an application for rejecting the application filed under Section 2A of the Act of 1947 which was registered and numbered as Misc. Case No.03/2025.
5. The grounds so taken for rejection of the application filed by the Respondent No.2 under Section 2A of the Act of 1947 were two folds. First, the Respondent No.2 is not a workman as defined under Section 2(s) of the Act of 1947 and secondly, the application so filed challenging a transfer order is not an industrial dispute and as such, the application filed under Section 2A of the Act of 1947 was not maintainable.
6. The learned Labour Court vide the order dated 29.07.2025 rejected the application being Misc. Case No.3/2025 and the interim order which was passed was directed to continue to the next date. It is under such circumstances, the present writ petition has been filed by the Petitioner challenging the proceedings initiated under Section 2A of the Act of 1947 which was registered as Case U/S 2A No.02/2025 as well as all consequential orders passed.
7. Mr. S. Dutta, the learned Senior counsel appearing on behalf of the Petitioner submitted that a transfer of an employee from one post to the other would not come within the ambit of the definition of industrial dispute. In addition to that, the learned Senior counsel submitted that what is mandated in a proceedings under Section 2A of the Act of 1947 is that an individual workman can approach the learned Labour Court/Industrial Tribunal only when the employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, or in respect to any dispute or difference between the workman and his employer connected with or arising out of such discharge, dismissal, retrenchment or termination.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxyKHDvp2s3n7nNZerbvsyEoSEcKfQMM%2BWndWn17Mt%2Bp&caseno=WP(C)/4693/2025&cCode=1&cino=GAHC010180012025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
