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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Dolphin Agencies Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The writ application in WPA 11284 of 2012 has been preferred challenging an order dated 29.02.2012 passed by the learned Eighth Industrial Tribunal in Case No. VIII-4 of 2004 under Section 10 read with Section 2A of the Industrial Disputes Act, 1947.
2. The writ application in WPA 33547 of 2013 has been preferred challenging an order dated 27.08.2013 passed by the learned 1st Labour Court, West Bengal in Case No. COMP. 17/2012. Where the tribunal ordered:-
“ORDERED
that the application under Section 33C Clause 2 of the I.D. Act brought by the applicant is allowed on contest without any cost. The applicant do get an order of the amount as claimed against the opposite party i.e. Rs. 7,74805/- and interest to the tune of RS. 79,970/- in total Rs. 8,54775/- (Rupees Eight lakh Fifty Four thousand Seven hundred Seventy Five only). The opposite party M/s. Dolphin Agency Pvt. Ltd. is directed to pay the said amount to the applicant Sri Ajoy Kumar Ray within months positively, failing which the applicant is at liberty to recover the said computed amount as per law.
Sd/-
Judge
First Labour Court
Kolkata, W.B.”
3. The petitioners’ case herein is that the respondent
An employee must comply with a valid transfer order to claim back wages; failure to challenge it in previous proceedings negates wage entitlement.
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.
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.
Judicial review of administrative transfers in employment requires proof of mala fide or jurisdictional error, reaffirming adherence to contractual terms unless misconduct is established.
The management has the discretion to transfer employees without consent unless expressly prohibited in the employment contract, and non-compliance with transfer orders implies voluntary resignation.
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