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N. J. JAMADAR
Sulzer Pumps India Private Limited – Appellant
Versus
Jayendra Arun Jog – Respondent
JUDGMENT/ORDER
N.J.JAMADAR, J. - Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.
2. This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dtd. 7/12/2022 passed by the learned Member, Industrial Court, Thane, in Complaint (ULP) No.138 of 2020 declaring that the petitioner ' employer had engaged in unfair labour practices under Items 3 and 9 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 ("the Act, 1971') in issuing the order dtd. 30/10/2020, thereby transferring respondent No.1 ' the complainant ' employee to Chennai, and setting aside the said transfer order.
3. Shorn of unnecessary details, the background facts can be stated as under:
<WXY>(a) The petitioner is a company incorporated under the Companies Act, 1958 and is a part of renowned Sulzer Group.
The petitioner is engaged in manufacturing and selling of the specialized pumps, spare parts and after sales services. It has a plant in MIDC, Digha. Respondent No.1 ' the complainant was appointed as a trainee with the petitio
The court established that the status of a workman is determined by the nature of duties performed, and transfers can be deemed unfair if motivated by mala fide intentions, especially in relation to ....
Judicial review of administrative transfers in employment requires proof of mala fide or jurisdictional error, reaffirming adherence to contractual terms unless misconduct is established.
Transfer is a standard condition of service, and can only be challenged on grounds of mala fides, which require substantial proof of personal bias or improper motive.
The Management's transfer of workmen was ruled illegal due to violations of the Industrial Disputes Act during pending conciliation, affirming the Labour Court's authority to review such actions.
The court affirmed that a transfer of service is a lawful exercise of management's discretion and does not constitute termination unless explicitly stated in the employment contract.
Point of law : Penal action for breach of Section 25(T) read with Section 2(ra) and item 1 and 7 of the Schedule- V of the Act could have been initiated against the applicant if it would have been es....
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