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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
Management, L.G. Balakrishnan and Brothers Limited – Appellant
Versus
Coimbatore District Secretary – Respondent
| Table of Content |
|---|
| 1. the case involves competing writ petitions by both union and management. (Para 1 , 2 , 3) |
| 2. union argues transfer was unlawful and mala fide. (Para 4) |
| 3. management defends transfer as administrative necessity. (Para 5) |
| 4. court analyzes appropriateness of administrative transfer. (Para 6 , 7 , 8) |
| 5. court addresses absenteeism during dispute pendency. (Para 9 , 10) |
| 6. court concludes transfer not punitive, addresses legal thresholds. (Para 12 , 13 , 14 , 15) |
| 7. final ruling indicates set aside of lower court decisions. (Para 16) |
JUDGMENT :
S.M.SUBRAMANIAM, J.
The present Inter Court Appeals under Clause 15 of the Letters Patent have been instituted both by the Writ Petitioner / Union and the respondent / Management, challenging the common Writ Order dated 17.10.2025 passed in W.P.Nos.28283 and 25963 of 2023.
2. Since both parties to the industrial dispute are not satisfied with the award of the Principal Labour Court (FAC), both of them preferred Writ Petitions. W.P.No.28283 of 2023 has been instituted by the Management, L.G.Balakrishnan and Brothers Limited, challenging the award of the Principal Labour Court (FAC), Coimbatore dated 10.05.2023 in I.D.No.66 of 2019. Simi
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 management retains the right to transfer employees based on appointment terms, even after the deletion of the transfer clause from the Standing Orders.
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.
An employee must comply with a valid transfer order to claim back wages; failure to challenge it in previous proceedings negates wage entitlement.
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