Transfer to meet the administrative exigency is not illegal

The petitioners were union leaders. They were agitating against the action of corporation frequently for the welfare of the employees of the corporation. They issued statutory notice to the corporation for one day strike. The demands raised through the strike were filling up of the vacancies and implementation of labour laws in the corporation. After receipt of said notice, the corporation officials immediately transferred the union leaders to another depot which is about 86 km from the current depot. The contention of the petitioners was, the said transfer is a punishment transfer and is based on the vengeance against the petitioners due to the agitations frequently made by the petitioners.

The contention of respondent was that they have not shown any vengeance against the union leaders and the said transfer was passed purely to meet the administrative exigency and they transferred to another depot which is hardly a distance of only 86 kms.

The court observed that firstly, the said transfer of posting the Petitioners from one depot to another depot is hardly a distance of only 86 kms. Secondly There are several other person namely president and secretaries have also issued the strike notice to the corporation and transfer orders have not been issued against them . Therefore the contention made by the petitioners that the said transfer is a punishment transfer based on the vengeance against the petitioners due to the agitations frequently made by the petitioners are far from acceptance and the said transfer passed purely to meet the administrative exigency is legal.

The author can also be reached at corporatelawyerkrishna@gmail.com.

 

Published in Labour & Service Law
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