2003 LAB. I. C. 1375 ::2003 AIR - Jhar. H. C. R. 495 ::(2003) 2 LabLJ 1058 ::2003 LabLR 760 ::(2003) 2 JCR 264 (JHA) ::(2003) 4 SCT 339 ::(2003) 5 ServLR 486 ::(2003) 2 JLJR 671

Jharkhand High Court

Hon'ble Judge(s): V K Gupta , C.J. AND Tapen Sen , J

Industrial Disputes Act (14 of 1947) , Sch.II, Items 6, 2— Transfer of employee - In case of private organisation right to transfer must flow from the contract of employment/service regulations - Also, a low paid employee shall not be transferred in routine manner but only in the exigencies of administration. Constitution of India , Art.16— Where the employer is a private organization the right to transfer must flow from the contract of employment/service regulations. In public bodies, the management has the inherent right to transfer its employee and the Courts normally do not interfere unless it can be shown that the order of transfer:- (a) is punitive in nature; (b) is not in administrative exigencies; (c) is malafide; and (d) is influenced by political recommendations. In the instant case, the management has not been able to show nor bring on record even a chit of paper to show that they had right to transfer. However, that by itself would not mean that the Management has no inherent right to transfer. But an employee of a private organization cannot be deemed to be ipso facto subject to the inherent right of the management to transfer whenever it so desired. Administrative exigency is the watch word and unless the management is able to establish that there was in fact such exigency, it must be held that the transfer was use....