Industrial Disputes
Transfer order—Whether can be termed as an order of termination—Order of transfer of workman from Panipat to a new unit/factory started at Dadra and Nagar Haveli—No clause in the Certified Standing Order or in the appointment letter, in implied or expressive terms, that in the eventuality of the starting a new unit/factory at a different place, the workman may be transferred—Even, no material has been cited by the Management to show that prior to the issuance of transfer order from Panipat to Dadra and Nagar Haveli, any decision was taken by the Management at Panipat, by passing a resolution about the need of transfer for a particular purpose in that transferred area—No evidence led by the Management that any requisition was received by the Management at Panipat from the officials/Management or any subordinate Committee regarding the required services from the workman(s)—In absence of any material in the shape of affidavit, showing the need of transfer of workman from Panipat to Dadra and Nagar Haveli, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt—Petitions filed by workmen are allowed and resultantly, the Management would allow the workmen to continue their service at the place where they were initially appointed—In alternative, it would be open for the Management to pay a lump sum amount of compensation of rupees three lakhs to the workmen (in all writ petitions) who were transferred from Panipat to Dadara and Nagar Haveli.
[Paras 15 to 18]