Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 637

M.R.SHAH, A.S.BOPANNA
Caparo Engineering India Ltd. – Appellant
Versus
Ummed Singh Lodhi – Respondent

Advocates Appeared:
For the Appellant(s) :Puneet Singh Bindra, Advocate
For the Respondent(s):Vaishnavi Paliwal, Niraj Sharma, Advocates

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

Question 1?

How to determine whether the transfer of workmen constitutes a valid and proper change under Section 9A and Fourth Schedule of the Industrial Disputes Act?

Question 2?

What are the remedies and reliefs available when a transfer is found to be illegal, malafide, or in violation of Section 9A?

Question 3?

What is the appropriate appellate/jurisdiction path (Article 226 vs Article 227) for challenges to Labour Court/High Court decisions in such transfer cases?

JUDGMENT :

M.R. SHAH, J.

1. As common question of law and issues have been raised in this group of appeals, as such arising out of the impugned common judgment and order passed by the High Court, all these appeals are being decided and disposed of together by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Madhya Pradesh Bench at Indore in MP No.245 of 2019 and other allied petitions by which the High Court has dismissed the said petitions preferred by the appellant herein – employer (hereinafter referred to as “employer”) and has confirmed the respective judgment and award passed by the Labour Court, Dewas dated 13.11.2018 by which the Labour Court allowed the said reference in favour of the respondents-employees by declaring their order of transfer dated 13.01.2015 as illegal and void, the employer has preferred the present appeals.

3. The brief facts in nutshell are as under:-

3.1 That the respective workmen were employed and working in the Dewas factory of the appellant. That vide order dated 13.01.2015, all of them came to be transferred to Chopanki, District Alwar, which is 900 Kms. away

Click Here to Read the rest of this document