SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Cal) 136

I.P.MUKERJI, MD.NIZAMUDDIN
Basumati Corporation Ltd. – Appellant
Versus
Kaberi Maitra – Respondent


Advocates Appeared:
L.K. Gupta, Advocate, Jaytosh Majumder, Advocate, Shayak Chakraborty, Advocate, Avishek Prasad, Advocate, Abhratosh Majumder, Advocate, Jaharlal De, Advocate, Shamim Ul Bari, Advocate, Srijib Chakraborty, Advocate, Subhasis Chakraborty, Advocate, Suryaneel Das, Advocate, Sushmita Singh, Advocate

JUDGMENT

I. P. Mukerji, J. - In this case the respondent/writ petitioner ("the respondent"), an employee of Basumati Corporation Ltd., hereinafter referred to as 'Basumati' was asked to work in the government department in Nabanna, Howrah. The expression used while sending her to Nabanna was that she was 'deployed' in the establishment there.

2. It is agreed by learned counsel for the parties that 'deployment' is synonymous with the word 'deputation'.

3. Now, this case is about the said deputation order. She has resisted this order on the ground that she could not be 'deployed' or sent on deputation from Basumati to a state government establishment.

4. Now, I come to the facts of this case.

5. On 30th June, 1994 Basumati appointed the respondent as a junior clerk in Siliguri. Within three weeks, she was transferred to the organization's head office in Kolkata.

6. Standing orders were made on 10th May, 1965 under Section 7 of the Industrial Employment (Standing Orders) Act, 1946 to govern the terms and conditions of employment of all workmen of M/s. Basumati Sahitya Mandir. Clause 7 of the said standing orders is as follows:-

    "7. Transfer:- Service of any workman is liable to be tran

                                                Click Here to Read the rest of this document
                                                1
                                                2
                                                3
                                                4
                                                5
                                                6
                                                7
                                                8
                                                9
                                                10
                                                11
                                                SupremeToday Portrait Ad
                                                supreme today icon
                                                logo-black

                                                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                Please visit our Training & Support
                                                Center or Contact Us for assistance

                                                qr

                                                Scan Me!

                                                India’s Legal research and Law Firm App, Download now!

                                                For Daily Legal Updates, Join us on :

                                                whatsapp-icon telegram-icon
                                                whatsapp-icon Back to top