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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
C. Anand, S/o. Late Chinnappaiah – Appellant
Versus
State Of Karnataka, Represented By Its Chief Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to transfer orders by petitioners. (Para 1 , 2 , 3) |
| 2. respondent's assertion of lawful transfer authority. (Para 4 , 5 , 6) |
| 3. admission of contractual relationship and authority to transfer. (Para 9 , 10) |
| 4. court's endorsement of transfer validity under mou. (Para 12 , 14) |
| 5. final order affirming dismissal of writ petitions. (Para 15 , 16) |
ORDER :
ASHOK S. KINAGI, J.
1. The petitioners have filed these writ petitions challenging the orders of their transfer.
2. Brief facts leading rise to the filing of these writ petitions are as follows:
3. The petitioners are all working as a Grama Vidyut Prathinidhi ("GVP") in the respondent-Bangalore electric supply Company Limited ("BESCOM") for the last 23 years on consolidated payment. The petitioners filed the writ petitions seeking for regularisation of their services and payment of salary on par with the regular employees. The writ petitions were allowed. The respondent-BESCOM, aggrieved by the order passed by the Writ Court, preferred the writ appeals. The Division Bench partly allowed the writ appeals and set aside the direction of the learned Single Judge and directed the State Government to consider the case of
Transfer orders of contractual employees are valid under the terms of their Memorandum of Understanding, establishing binding employer-employee relations that preclude challenges to such transfers.
Contractual employees can be subject to transfer if explicitly stated in their employment contract, limiting rights akin to permanent employees.
The transfer of an employee is within the prerogative power of the employer, who can withdraw, alter or modify any previous order of transfer. The court will not interfere under Article 226 of the Co....
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
The employer's discretion in transferring a contractual employee must be exercised judiciously and cannot be arbitrary; the court can intervene if proven tainted with malice.
The main legal point established is that the terms of the contract and the policy permit the transfer of contract employees based on administrative exigencies, and the employer has the right to trans....
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Contractual service - Transfer/deployment policy - Absence of provision contained OPEPA service Rules and Regulations, 1996 - Transfer of contractual employees without jurisdiction.
The transfer of contract employees is permissible under certain conditions as provided in the terms of the contract and relevant policies.
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