1 2025:CGHC:21370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2725 of 2025 1 - Shabbir Elkana S/o Shri S. Elkana Aged About 42 Years R/o H.No. 67, Gomti Vihar Amlidih Raipur Police Station New Rajendra Nagar District - Raipur Chhattisgarh - 492006 Petitioner(s) versus 1 - NMDC Limited Through Chairman - Cum Managing Director NMDC Limited Khanij Bhawan Castle Hill Masab Tank Hyderabad District - Hyderabad (Telangana) – 500028 2 - Assistant General Manager (Personnel / Establishment) Personnel Department NMDC Limited Khanij Bhawan Castle Hill Masab Tank Hyderabad District - Hyderabad (Telangana ) - 500028 3 - Chief General Manager Global Exploration Centre (Gec) Raipur Housing Board Colony Borriyakal NMDC Limited Post Shejbahar Raipur District - Raipur (Chhattisgarh) – 492015 4 - Chief General Manager NMDC Limited Donimalai Complex District - Ballari (Karnataka ) - 583118 Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. S.P. Kale and Mr. Abhishek Sharma, Advocates For Respondents : Mr. K. Raghavacharyulu and Mr. Vijay Chawla, Advocate on behalf of Ms. Naushina Afrin Ali, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.09 11:35:25 +0530 2 08/05/2025 Heard. 1. By the present Writ Petitioner, the Petitioner is questioning impugned order dated 10/03/2025 (Annexure-P/1), whereby the petitioner has been transferred from Global Exploration Centre (GEC), Raipur to Donimalai Complex, Bellari Karnataka and has been relieved on the same day. 2. Learned counsel for the petitioner submits that during the conciliation proceeding before Conciliation Officer-cum-Chief Labour Commissioner (Central)1, there was a direction to maintain status of 05/03/2025 till the next date of hearing, but without adhering to the same and without seeking permission in writing from the Labour Commissioner, the impugned order has been passed and the petitioner has been transferred and relieved. Learned counsel would submit that the matter is still pending before the Labour Commissioner, therefore, a direction may be issued to decide the proceeding. 3. Learned counsel for the Respondents would submit that the issue of transfer has been separated by a subsequent order dated 16/04/2025, however, the said fact has not been brought into the notice of this Court. It is submitted that as the issue of transfer has already been separated, the grounds taken in the writ petition will not be valid ground to entertain the Writ Petition. 1 The Labour Commisioner’ 3 4. Countering the said contention, learned counsel for the petitioner would submit that the reference given to the order dated 16/04/2025 and the submission made by the counsel for the respondent that the issue of transfer has been separated is not correct. There was only a advisory for amicable settlement between the parties. 5. I have heard learned counsel for the parties. 6. From perusal of the order impugned dated 10/03/2025 (Annexure-P/1), it is quite vivid that the petitioner who is Union member and office bearer of ‘Samyukt Khadan Mazdoor Sangh’, has been transferred to Donimalai Complex, Bellari Karnataka vide order dated 10/03/2025, which is under challenge before this Court, whereas the conciliation proceeding is still pending before the Labour Commissioner. 7. Having considered the facts and in the interest of justice, this Writ Petition is disposed of with a direction to the Labour Commissioner to proceed in the matter of Union, including the matter of transfer of the petitioner after affording opportunity to him to make submission & raise grounds to question the order of transfer dated 10/03/2025 within 15 days as also to the respondents to counter the grounds to be raised by the petitioner. It is also directed that in the event of submission made by the petitioner and thereafter providing an opportunity of countering to the respondent, the proceeding shall be decided within a further period of 25 days from the date of receipt of submission made by the petitioner as well as the respondents. 4 8. Learned counsel for the respondent, at this stage, submitted that till the decision of issue pending before the Labour Commissioner, the NMDC shall make payment of salary to the petitioner from the date of interim order of this Court. Sd/- Sd/- (BIBHU DATTA GURU) JUDGE Rahul