frequent transfer
vinod kumar pandita
(Querist) 10 October 2010
This query is : Resolved
Sir/Madam,
Please advice me if there is any legal way to stop management to transfer persons frequently by way of pick & choose method, without caring for transfer policy adopted by management and also there are some instances where some particular persons are being protected & they have never been transferred.
Thankyou,
Vinod Pandita
Jammu
M/s. Y-not legal services
(Expert) 10 October 2010
Its depends upon your company's terms and conditions.. More over at the time of your appointment you may signed and agreed with your company's norms. If anything against that mean you can sue against your company.
Parthasarathi Loganathan
(Expert) 10 October 2010
Mobility of employees is one of the primary conditions imposed by any employer at the discretion of the latter which is dependent on the vacancies and business position. Hence, generally no employee can complain about management transfer. However, any violation of management policy can always be taken up through the recognized Union.
Kirti Kar Tripathi
(Expert) 10 October 2010
Though transfer is the right of management and can not be challenged unless it is malafide and amounts to victimization. so far as frequent transfers are concerned it can be challenged on aforesaid ground. normally court interferes when it is found the the employees are being harassed by frequents transfers. But problem arises as where the employee can seek remedy. in case, he is government employee or public sector employee, he has remedy by filing of writ petition or before the tribunals constituted under the various act. for industrial workman, they have remedy under the industrial disputes act or corresponding state acts, but for other categories of employees no forum is available under the law, where such actions of management could be challenged.
Parthasarathi Loganathan
(Expert) 10 October 2010
However many transfer related cases end up decrees favouring the employers only even in organized sectors.
ashish lal
(Expert) 10 October 2010
Welcome to Corporate World :-) I agree with Mr. Loganathan. The company generally ensures that everything ,including transfer, gets covered in job agreement.
