Indian Express (P) Ltd. & Ors. Vs Dinesh Rane & Ors. (Bombay High Court)
Bombay High Court heard a petition challenging an order from the Industrial Court, Thane, dated September 19, 2022. The Industrial Court had granted interim relief to the Respondents, restraining the Petitioners (employers) from terminating the services of the Respondents without following due legal process and from acting on any transfer orders unless the Respondents were given seven days to challenge them. The Respondents filed a complaint alleging unfair labour practices by the Petitioners, including interference in union elections, management involvement in union activities, and improper transfer orders. The Industrial Court had recorded a prima facie finding that the Respondents’ grievances lacked merit, but nevertheless, granted the interim relief.
Upon review, the Bombay High Court found that the Industrial Court’s order was unjustifiable. Despite rejecting the Respondents’ claims, the Industrial Court had extended protection to them by imposing restrictions on the Petitioners’ ability to take disciplinary actions or enforce transfers. The High Court emphasized that the employer’s right to discipline employees and transfer them as needed for service exigency should not be arbitrarily constrained. The Court also noted that no tangible evidence was presented to support the Respondents’ claims of imminent termination or transfer, and there was no procedural basis for such interim relief. The High Court thus concluded that the Industrial Court had exercised its discretion improperly and set aside its order, allowing the writ petition.
