Case Law Details
Caparo Engineering India Ltd. Vs Ummed Singh Lodhi And Anr (Supreme Court of India)
Facts- The workmen working in the Dewas factory of the appellant were transferred to Chopanki, District Alwar. Being aggrieved the workmen made a reference of the same to the Labour Court claiming that the employer has transferred them without any justifiable reason and such transfer amounts to illegal change under section 9A of the Industrial Dispute Act, 1947.
Conclusion- Based on various judicial pronouncements, the learned Labour Court has specifically held that since the service conditions of the workmen had been changed without issuing any notice under Section 9A of the Industrial Disputes Act, the order of transfer is illegal, arbitrary, mala fide and victimization, therefore, the same has been rightly set aside by the learned Labour Court and the same has been rightly confirmed by the High Court.
We are in complete agreement with the view taken by the learned Labour Court as well as the learned Single Judge holding the order of transfer dated 13.01.2015 transferring the respective workman from Dewas to Chopanki, which is at about 900 Kms. from the place they were working as illegal, mala fide and in violation of Section 9A read with Fourth Schedule of the Industrial Disputes Act.
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