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2018 Supreme(Bom) 391

A.K.MENON
Uday Shantikumar Dixit – Appellant
Versus
Larsen & Toubro Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sanjay Singhvi, Rahul Kamerkar
For the Respondents: J.P. Cama, Sudhir Talsania, Sunil Tilokchandani, Subhasree Chatterjee i/b M/s. Manilal Kher Ambalal & Co.

JUDGMENT :

1. Heard.

2. Rule. Rule made returnable forthwith. Respondents waive service. By consent of the parties taken up for the final hearing.

3. By this petition, the petitioner challenges the judgment and order dated 1st July, 2016 passed by the Industrial Court, Mumbai in Complaint (ULP) No.476 of 2012 dismissing the complaint filed by the petitioner challenging his transfer from Mahape, Navi Mumbai, Maharashtra to Mysore, Karnataka with effect from 31st October, 2012.

4. The brief facts leading up to the present challenge are as follows : Respondent No.1 was at all the material times the employer of the petitioner. Respondent Nos.2 and 3 are the Chairman and Deputy General Manager, Human Resources & Personnel of respondent no.1. They are stated to be responsible for transferring the petitioner which according to the petitioner was illegal. On 23rd November, 1981 the petitioner joined respondent no.1 (company) as “Assistant Draughtsman” on probation and on completion of probation he was confirmed on 21st May, 1982. In 1987, he was promoted to the post of “Draughtsman-I” and in 1992 to the post of “Draughtsman-II”. On 1st April, 1999 he was promoted to the post of “Technical Assi




































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