Back
SANJAY VASHISTH
Pappu Giri – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-Labour Court – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J.
This common judgement shall decide the fate of aforementioned 17 writ petitions, since the facts and law involved in all the writ petitions are similar.
2. All the total 17 petitions have been filed by the petitioner(s)/workmen, challenging the award(s) passed by the Industrial Tribunal-cum-Labour Court, Panipat (here-after referred to as the 'Labour Court'), while answering 17 references, vide order dated 14.05.2013 (as depicted in the above table).
After adjudicating the industrial dispute, the Labour Court answered the same against the workman(s), by holding that there is no termination caused by the respondent-Management.
3. Since the facts of the aforesaid writ petitions are identical, to avoid repetition and for the sake of brevity, the same are being referred in the subsequent paras of this judgement, from CWP No. 17142 of 2014, which has arisen out of Reference No. 266 of 2008, by treating the same as lead case.
4. The Government of Haryana referred the Industrial Dispute for its adjudication to the Labour Court by framing a question that:
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.
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 High Court's supervisory jurisdiction under Article 226 does not allow re-evaluation of factual findings by lower tribunals unless there is an error of law apparent on the record.
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.
An employee must comply with a valid transfer order to claim back wages; failure to challenge it in previous proceedings negates wage entitlement.
The management retains the right to transfer employees based on appointment terms, even after the deletion of the transfer clause from the Standing Orders.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
