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DELHI HIGH COURT
PRATHIBA M.SINGH
Naresh Kumar – Appellant
Versus
Scholastic India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. background of the termination and transfer issue. (Para 2 , 3 , 4 , 5) |
| 2. arguments on the legality of transfer. (Para 7 , 9 , 10) |
| 3. management's discretion to transfer employees. (Para 12 , 13 , 14) |
| 4. judicial review of suspension allowance payment. (Para 19 , 20 , 21) |
| 5. court's recognition of the right to transfer. (Para 26 , 28 , 30) |
| 6. final dismissal of the petition. (Para 34) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. The present petition has been filed challenging the impugned Award dated 23rd October, 2017, passed by the Presiding Officer, Labour Court XIX, Karkardooma Courts, Delhi in LIR No. 6050/2016, by which the claim of the Workman challenging the termination, in respect of his transfer from Delhi to Gurgaon, was dismissed by the Labour Court.
3. The brief background is that the Petitioner-Workman was appointed on the post of -Book Fair Assistant with the Respondent, which is a book publisher. He was appointed vide appointment letter dated 16th July 2004. On 18th September 2013, the Petitioner was suspended from duties, an
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