Transfer of employee with malafide motive to cause harassment to employee, it is liable to be set aside
The aspects of "change of cadre", "the transfer is on the verge of retirement" and "for want of compelling reasons", in my view, in the present case, supports the case of Respondent No.1 rather than the management/Petitioner. The contingencies and/or administrative reasons is basic aspect, but if case is made out of malafide and harassment and no compelling reasons and compelling the workmen to do the particular lower grade work and/or asking him to work somewhere else, specially when he is on the verge of retirement; these facts and facets, supports the case of the complainant.
Bombay High Court
Larsen And Toubro Limited vs 2 The President, Industrial ... on 28 August, 2012
Bench: Anoop V.Mohta
