Kasirajan Anbalagan v. The Deputy Chief Labour Commissioner Central

ORDER The present Writ Petition has been filed for the issuance of a Writ of Certiorari to call for the records pertaining to the impugned order passed by the 3rd respondent in his proceedings dated 05.06.2025, and to quash the same.

¶2The learned counsel for the petitioner submitted that the petitioner is working as a Senior Manager (Program Management) in the 3rd respondent Company from 27.04.2023 and is also serving as the President of Voice of IT Professionals, which is afflicted with Makkal Sananayaga Amaipusaara Thozhirsangam. It is further submitted that, in connection with the said Union activities undertaken on behalf of the employees, certain demands were made to the 3rd respondent vide representation dated 30.07.2024. Thereafter, the petitioner raised an Industrial Dispute in I.D.No.1 of 2025 under Section 10(1)

(d) of the Industrial Disputes Act, 1947, before the Deputy Chief Labour Commissioner (Central).

¶3It is further case of the petitioner that, during the pendency of the said industrial dispute, the 3rd respondent issued the impugned transfer order dated

05.06.2025 transferring the petitioner from Chennai to Pune. Challenging the same, the present Writ Petition has been filed.

¶4The learned counsel for the petitioner submitted that the transfer of the petitioner from Chennai to Pune in view of the Union, allegedly on account of his Union activities, is impermissible in law and amounts to victimisation. On the said ground, the present Writ Petition has been filed.

¶5Per contra, the learned Standing Counsel for the submitted that the present Writ Petition is not maintainable as against the 3rd respondent Company, as it does not fall within the ambit of "State" under Article 12 of the Constitution of India. It is further submitted that, if the petitioner has any grievance with regard to the transfer, he has to raise an industrial dispute before the competent Labour Court and therefore, the present Writ Petition is not sustainable.

¶6The learned Standing Counsel for the respondents further submitted that during the pendency of the Writ Petition, the petitioner failed to report at the transferred place and consequently, his services were treated as abandoned vide order dated 13.10.2025. Hence, the Writ petition has become infructuous.

¶7Considering the facts and circumstance of the case, this Court, without expressing any opinion on the merits of the case, is of the view that the Writ Petition is not maintainable as against the 3rd respondent Company.

¶8In such view of the matter, this Writ Petition is dismissed. However, liberty is granted to the petitioner to work out his remedy before competent forum in the manner known to law. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 12-03-2026 Asi To

¶1The Deputy Chief Labour Commissioner Central 5th Floor, A Wing, Shastri Bhawan, Haddows Road, Nungambakkam, Chennai-06.

¶2The Assistant Labour Commissioner (Conciliation)- II, Chennai No.26, III Block, 5th Floor, Shastri Bhawan, Haddows Road, Nungambakkam, Chennai-06.

¶3The Deputy General Manager (HR) Tata Communications Limited, Jayanth Tech Park, No.41, Mount Poonamallee Road, Nandambakkam, Chennai-89.

¶4Amit Patnaik The Deputy General Manager, Global Operations BU, Tata Communications Limited Alandi Road, Dighi, Pune-411 015. W.P.oNo.o22357oofo2025 M.DHANDAPANI,oJ. Asi W.P.oNo.o22357oofo2025 andoW.M.P.No.25184oofo2025 12-03-2026 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.No.25184 of 2025 Kasirajan Anbalagan S/o.Anbalagan No.102 Kamarajar Nagar Padikuppam Salai, Thirumangalam, Chennai- 40. ..Petitioner Vs 1. The Deputy Chief Labour Commissioner Central 5th Floor, A Wing, Shastri Bhawan, Haddows Road, Nungambakkam, Chennai-06. 2. The Assistant Labour Commissioner (Conciliation)- II, Chennai No.26, III Block, 5th Floor, Shastri Bhawan, Haddows Road, Nungambakkam, Chennai-06. 3. The Deputy General Manager (HR) Tata Communications Limited, Jayanth Tech Park, No.41, Mount Poonamallee Road, Nandambakkam, Chennai- 89. 4. Amit Patnaik The Deputy General Manager, Global Operations BU, Tata Communications Limited Alandi Road, Dighi, Pune-411 015. ..Respondent(s) PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records pertaining to the impugned order passed by the 3rd respondent in his proceedings dated 05.06.2025, and to quash the same. For Petitioner(s): Mr. K.Kathiresan For Respondent(s): Mr. D.Ramesh Kumar Standing Counsel for R1 and R2 Mr. C. Mohan and Ms.A.Rexy Josephine Mary for M/s. King and Partridge for R3 and R4