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2025 DAILYLAW 7929 (UTT)

NEEL METAL KAMGAR SANGATHAN v. STATE OF UTTARAKHAND

WPMS/1569/2024 · 2025-09-18

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8367 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1569/2024 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Yogesh Pacholia, learned counsel for the petitioners. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. This writ petition has been filed challenging the transfer orders dated 06.04.2024 and 22.04.2024 passed by Factory Manager, Neel Metal Products Ltd., SIDCUL, Pantnagar, District Udham Singh Nagar (respondent no. 6). By these two orders, petitioner nos. 2 & 5 and 3 & 4 have been transferred to Himachal Pradesh and Maharashtra, respectively. 4. It is contended that transfer made by respondent no. 6 is in violation of Model Standing Orders as well as Certified Model Standing Orders applicable to the industry concerned. It is further submitted that as per the terms and conditions of service, workman of the concerned industry is not liable to be transferred outside the State, without their consent. 5. This Court is not inclined to interfere with the transfer orders passed by Industry concerned, which is registered as a Company. 6. Since there is no element of public law involved in the matter and petitioners have remedy under U.P. 2025:UHC:8367 Industrial Disputes Act, therefore, the writ petition is disposed of with liberty to petitioners to approach appropriate Forum available under U.P. Industrial Disputes Act. 7. Since petitioners have already raised a dispute, which is pending for conciliation, therefore, Conciliation Officer is directed to conclude conciliation proceedings within four weeks from the date of presentation of certified copy of this order. For a period of four weeks, status quo qua posting of petitioner nos. 2 to 5 shall be maintained. (Manoj Kumar Tiwari, J) 18.09.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58 531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.18 06:43:41 -07'00'