S. Nagamuthu, J.@mdashThe Petitioner is working as Auto Mechanic in the Tamil Nadu Industrial Explosives Limited at Katpadi, Vellore District.
The General Manager by his proceedings in TEL/PL/W/1084/2012-13 dated 28.5.2012, transferred and posted the petitioner at Singareni
Collieries Co. Ltd., in Andhra Pradesh State. As per the said order, his Headquarters is at Ramagundam, Andhra Pradesh State. Challenging the
said order of transfer, the Petitioner is before this Court with this Writ Petition. The Tamil Nadu Industrial Explosive Limited at Katpadi, Vellore
District is a Government of Tamil Nadu Enterprise. The Petitioner is now working in the Marketing Department. One of the duties of an Employee
of the Marketing Department is to go out to the field for mobilizing collection of dues to the Petitioner-Company. The establishment known as
Singareni Collieries Co. Ltd., is in Andhra Pradesh State and it has got business dealings with the Tamil Nadu Industrial Explosives Ltd. As of
now, around a sum of Rs. 30 lakhs is due from Singareni Collieries Co. Ltd. It is the paramount duty of the Employee working in the Marketing
Department to take steps to recover the said amount. Previously, an Employee working in the Marketing Department was deputed for the said
work of recovering the amount from Singareni Collieries Co. Ltd. He was staying in Ramagundam and making collection. He went of Voluntary
Retirement. Thereafter, the impugned order came to be passed transferring the Petitioner to Singareni Collieries Co. Ltd.
2. It is the contention of the learned Counsel for the Petitioner that Singareni Collieries Co. Ltd. is a different Company, over which, the Tamil
Nadu Industrial Explosives Ltd. has got no control. Therefore, the transfer of the Petitioner to Singareni Collieries Co. Ltd. is wholly without
jurisdiction. It is on this ground seeking to quash the impugned transfer order, the Petitioner has come up with this Writ Petition before this Court.
3. Though the impugned order is styled as transfer order, in the Counter, a totally contradicting statement is found in Paragraph No. 12, wherein, it
has been stated as follows:
12..........We are supplying our products to the Singareni Collieries Co. Ltd. Usually a Marketing official is posted there. It is not a new practice to
post a person there and now the Petitioner is posted. The person, who was looking the work at Singareni Collieries Co. Ltd., has gone on VRS.
Therefore, we are in compulsion to depute one person to this area to collect the huge outstanding amount. Hence, we have no other option except
to depute the Petitioner as a stop gap arrangement, since he is marketing personnel and the job has arisen there. Further, this is not against the
provisions of Standing Order. As per the terms in the appointment order issued to the individuals and accepted by the Petitioner, his duties would
be assigned by the Management from time to time and he should serve in any department/division/units, to which he may be assigned from time to
time. He accepted the terms and conditions of the employment and any refusal by him is a flagrant violation of the terms and condition of the
organization and duly accepted by him.
4. Thus, it is crystal clear that though the order impugned in the Writ Petition runs with the caption ""transfer order"", in the Counter, the Respondent
has described the same as ""order of deputation"". As rightly contended by the learned Counsel for the Petitioner, there is no order of transfer
transferring the Petitioner to Singareni Collieries Co. Ltd., because, Singareni Collieries Co. Ltd. is a different Company. But, at the same time,
being in the Marketing Department, it is the duty of the Petitioner to obey the order of the Management to go over to Singareni Collieries Co. Ltd.,
to make stay at Ramagundam and to collect the amount. This is the duty assigned to the Petitioner and the same shall not be considered as transfer.
Therefore, the impugned order which is styled as transfer order is liable to be quashed, however, with liberty to the General Manager of the
Respondent to assign the job to the Petitioner to go over to Singareni Collieries Co. Ltd., to make steps to recover the amount due from Singareni
Collieries Co. Ltd. In view of the above, the Writ Petition is allowed and the impugned order is quashed however, with liberty to the Respondent-
General Manager to assign the job to the Petitioner to go over to Singareni Collieries Co. Ltd., to make a stay at Ramagundam and to take all
positive steps to recover the amount due from Singareni Collieries Co. Ltd., and also to carryout the other duties which would be assigned by the
General Manager of the Respondent then and there. No costs. Consequently, connected Miscellaneous Petition is closed.