dispute
raghavendra
(Querist) 01 July 2011
This query is : Resolved
sir,
my question is , company 7 workers are working presently in bangalore , onw employee trasfered from chennai to another branch ,all are saperate entity providing ESI PF also .that transferred amployee raised before the labour commissioner ,
my question is whether labour commissioner has a jurisdiction , if not which authority is having jurisdiction ,
in appointment latter there is a clause for transfer ,
reason for tranfer is that employee mingling with other outside bussinessmen , passing information about this company ,
how should i take defence
Ajay Bansal
(Expert) 02 July 2011
Say your aforesid plea before Commmisioner.I think you are having good defence if you are from employer's side.
mathivanan
(Expert) 02 July 2011
transfer can be challenged before the labour commissioner or labour officer whoever be the conciliation officer of the locality, through the trade union in which the transferred employee is a member or he can choose the civil court to get an order of ad interim injunction, if the transfer is purely on malafide intension or victimisation, Otherwise court will not interfere.
Kirti Kar Tripathi
(Expert) 03 July 2011
Since the employees were transferred to other branch having separate entity, such transfer will amounts to termination of their service from parent unit/company under the law (Retrenchment under the Industrial Disputes Act), If case compliance of conditions precedent to retrenchment as laid down in Section 25F are not made, the employer is in trouble. The employees have full right to approach Labour Commissioner, who has full jurisdiction to deal the matter.
