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PRASHANT KUMAR
United Forum of We Bankers – Appellant
Versus
Central Government Industrial Tribunal – Respondent
Headnote: Read headnote
JUDGMENT :
(Prashant Kumar, J.)
1. This writ petition has been filed by an employee of a bank challenging his transfer order from Kanpur to Hardoi.
2. The brief facts of the case are that petitioner no.1 is an Employees’ Union and petitioner no.2 is an employee of the bank and also an office bearer of the petitioner-Union. Petitioner no.2 had joined the bank on 18.7.2013 in the clerical cadre and was first posted at Hardoi. After completing two years, on 30.7.2015 he was transferred to Kaushalpuri Branch in District-Kanpur. While being posted at Kanpur, he became the General Secretary of the petitioner-Union.
3. On 28.1.2021, petitioner no.2 was transferred from Kaushalpuri Branch to G.T.B. Marg Branch in the same district i.e. Kanpur. Immediately on his transfer, a notice for strike, under Section 20 of ‘The Industrial Disputes Act, 1947’ (for the sake of brevity, hereinafter referred to as ‘the Act’), was given by the petitioner-Union, which culminat
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
Transfer is a standard condition of service, and can only be challenged on grounds of mala fides, which require substantial proof of personal bias or improper motive.
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 established that the status of a workman is determined by the nature of duties performed, and transfers can be deemed unfair if motivated by mala fide intentions, especially in relation to ....
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