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SANDEEP V. MARNE
Indian Express (P) Ltd. – Appellant
Versus
Ganesh Gopinath Rane – Respondent
| Table of Content |
|---|
| 1. interim orders in employment disputes are subject to judicial review. (Para 1 , 2) |
| 2. factual background of employment and complaints (Para 3 , 4 , 5) |
| 3. arguments on the legitimacy of transfer (Para 6 , 7 , 8 , 10 , 11) |
| 4. court's consideration of employment terms (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. legal doctrine on mala fides in transfers (Para 18 , 19 , 20 , 21 , 22) |
| 6. court's view on existing allegations of bias (Para 24 , 25 , 26) |
| 7. final decision on transfer and position of employee (Para 27 , 28 , 29 , 30 , 31) |
| 8. conclusion on the petition's outcome (Para 32 , 33) |
JUDGMENT :
Sandeep V. Marne, J.
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the petition is taken for final hearing and disposal.
2. Interim order passed by the Industrial Court, Thane on Application at Exh.U-2 temporarily restraining Petitioner No.1 to give effect to the promotion/transfer order issued in respect of the Respondent is the subject matter of challenge in the present petition.
3. Petitioner No. 1 is engaged in the business inter alia of printing and publishing newspapers and other publications and has multiple printing pre
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.
Burden of proving mala fides in transfer orders is high; transfers made in public interest are generally not subject to judicial intervention unless proven arbitrary.
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 ....
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.
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