sushil (Sr. Clerk) 10 March 2013

Sec.33-1a of industrial dispute act,1947

Dear Members,

My Company issued transfer orders to myself & my 5 other collegues when our matter was pending before 'CGIT, Mumbai' for adjudication. No 'transfer clause' provided in our appointment letters and also Company has not its 'Standing Orders' regarding our service conditions. We opposed transfer orders as Company transfered us to far of places outside Maharashtra to its 'Clearign & Forwarding Agencies' (which are not part of Company). No permission obtained from CGIT u/s.33-1A of ID act before issuing transfer orders which is breach of our service conditions. I have gone through the judgement delivered by Hon. SC in 'Jaipur Zillah Sah. BhoomiVikas Bank Vs. RamGopal Sharma & Othrs. Pls. inform me whether any recent judgement delivered by Hon.SC on that particular issue ( Sec.33-1A of Industrial Dispute Act) which is helpful to me as Company filed writ petitions in Hon. Bombay HC against award of CGIT.

Regards.

Sushil Padwal

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Kumar Doab (FIN) 11 March 2013

Can employee be transferred if there is no clause in appointment letter, standing orders on transfer and express consent of employee?

The answer seems to be until standing orders contain provision “Transfer” the employer can not pass order of transfer based on either the order of appointment or Standing Orders…………….

The company has not applied and was not granted any modification in standing orders…..

The transfer to CFA is probably not even inter establishment transfer…………

The company seems to have decided to appeal to HC that the CGIT did not give due thought to aspects related to transfer and it shall suffer from prejudice in case of other employees also take the same stand.

It is felt that a similar case is decided in :

IN THE HIGH COURT OF DELHI AT NEW DELHI

“MANAGEMENT OF M/S RAJASTHAN

PATRIKA LTD.

Versus

JASOD SINGH

Kindly attach the copies of matter pending before CGIT, award of CGIT, appointment letter, service conditions/standing orders, transfer orders…

If you wish you may erase the names etc to maintain the confidentiality.

Valuable advice of learned experts/members is sought.

Attached File : 716245242 management of rajasthan patrika ltd. vs. jasod singh.pdf downloaded: 155 times

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