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HARISANKAR V. MENON
New Indian Express Employees Association (Kerala), Reg No. 07/06-2009 Represented By General Secretary – Appellant
Versus
State Of Kerala, Represented By Secretary, Labour Department – Respondent
JUDGMENT :
Harisankar V. Menon, J.
The 1st petitioner, a registered trade union, functioning at the 2nd and 3rd respondents' establishment, along with the 2nd petitioner- affected employee–has filed this writ petition challenging the findings contained in Ext.P7 award of the Labour Court, Ernakulam.
2. The short facts, arising for consideration in this writ petition, are as under:
The 2nd petitioner–affected employee–entered the services of the management pursuant to Ext.P5 appointment order dated 31.10.1996. She was working as a Senior Clerk in the 2nd respondent establishment, at its office at Kaloor represented by the 3rd respondent herein. It is pointed out that the 2nd petitioner participated in certain lawful union activities which were not tolerable for the management. Therefore, it is alleged that by Ext.P1 order dated 20.01.2018, the management victimized the 2nd petitioner by transferring her from Kaloor Office to Thrissur Bureau office. It is pointed out that on 23.01.2018, the 2nd petitioner went to Thrissur office, but the office was found locked and on enquiry, it was made known to her that the office was not regularly functioning. The petitioner points out that this was
The management retains the right to transfer employees based on appointment terms, even after the deletion of the transfer clause from the Standing Orders.
Nothing contained in Standing Orders can operate in derogation or to prejudice of provisions as provided in contract of service.
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 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 Court highlighted the limitations of interference with Labour Court awards under Article 226 of the Constitution of India, emphasizing that such interference is only justified in exceptional case....
Transfer orders are a condition of service; courts will not interfere without proof of mala fides or statutory violations.
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
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