Transfer or termination ?

It is usually mentioned in the appointment letter that employee can be transferred to any location. You may express the entitlement of the employee for transfer e.g. ACII tier ticket for self and family, no. of days allowed for transfer, borading/lodging allowe for.....days to search for residence at new location, disbursement of transport charges of packers and movers etc.by letter.

1. If the bills are inflated and can be rpoved company can issue show cause notice.

2.The employee can be charged for submitting the bills which are not in the name of employee.

3.Company and especially HR should have seen the documents pretaining to qualification and experience during interview/ final selection/ at the time of issuing appointment letter.

It is not understood how can she ask for notice pay if the company has issued transfer order. have you mentioned if she does not relocate her services shall be terminated?

Dear Kumar Doab,

Thanks for your prompt reply. 

(1) She s told about transfer orally, which she did not accept. We made it clear to her that either she shift or leave. 

(2) Now she is not working and matter lies with Labour Officer. What steps can taken to safeguard comapny's interest ?

(3)  How can company charge now for inflated bills , when she is no more working?

she has demanded one month salary in lieu of notice period, balance salary ( that company is willing to pay )

Transfer is incidental to service and unless it is tainted with malfide it can not be looked into.  Now a days courts don't lean in favour of transferred employee in the aftermath of a SC judgement.  

In this case what I understand from the query is that the employee concerned has approached the Labour Office against the order and there are other misconduct of the employee such as inflated bill and some wrong information while securing the appointment. 

My opinion is :

labour office can not intervene in the matter as this is an individual dispute and not an industrial dispute. The remedy open to employee is Civil Suit for permanent injunction.

You can initiate a disciplinary inquiry on disobeying orders of the transfer by absenting herself at new place of posting. You can also hold an inquiry on  other imputations of misconduct. You can take action on inquiry report.    

 You had the opportunity but you have not acted in time.

She has acted in time.The momment you have pronounced verbal order she has approached O/o labor commissioner.

It is assumed by majority of the employers and in specific by HR that employee can subdued on office and employee shall tender resignation and company can square off the dues by adjusting notice pay.

This lady did not belong to the category of employees who can be subdued.

You may either settle her claim or contest the matter.

Please follow Advocate Thukral's advice. She is still your employee and you can conduct the enquiry. If the fake claims are provided (documents are available and she has to refute or accept the same), employer would be justified since fraud vitiates any lien/right to her employment. Simple route would be to issue a suitable letter - citing the transfer, being terms of the conditions of her employment and since she has breached this and other condictions ( you need to check throughly through the employment terms, travel policy and any code of conduct to frame these charges), terminate her with due notice period.

vasudevan

Learned Mr. Thukral and Mr. Vasudevan has given valuable advice. Kindly follow it.You may refer the matter to your legal cell.

Right understood by Mr Kumar Doab.  You have adopted wrong way of right action.  It is clear that if an employee joined with fake biodata he/she could have been terminated.  It is also clear that if the TA bills were inflated the employee could have been dismissed.  But it would have been prudent for the company when for the first time she presented bills in the name of her friend.

In case your company have any certified Standing Orders imposing obligating to hold good moral conduct you could have also questioned the employee on the propriety of being accompanied by a male other than relative on tour.  If there are no such service conditions then such action can be seen as undue invasion on private life.

But this termination /dismissal could have been sustainable if the due process was followed.  You adopted an unethical way of offering verbal transfer and option to resign.  She acted in time and in wise and right directions and have taken the company by nose. 

As pointed out by Mr Thurkral  & Mr Vasudevan you still have a right to conduct Inquiry. I would add that in the backdrop of the pending case it may appear tainted as afterthought and a mean to harass.