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Hareesh Nambiar (Legal Officer)     24 September 2014

Labour law

A pvt.company transferred an employee to some other location. If he is not in a position to work in new location due to his family problem . He send a reply that he can't accept the transfer order and reqst to allow to the same location. But the authority reject his request and on the basis they sack him from that post.

Is the act of the management is legal and they have the right to terminate him and the employee should obey the transfer order  at any cost?


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 September 2014

They cannot do just like that. They have to issue a memo to the employee and management has to consider his request on desciplinery grounds.

Honey Singh (HR Manager)     25 September 2014

The employer has no right to sack him with out conducting domestic enquiry. The employee can raise a dispute before Labour commissioner of his area for his illegal termination and reinstatement.

Kumar Doab (FIN)     30 September 2014

What is this establishment registered as ; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance.


What is its line of business: e.g.: IT, Banking,etc?



How many people are employed in it?


Redg. office of the company and your reporting office  is located in which state?


Employee was located in which state?


What was employee’s designation and nature of duties and how many persons were reporting to employee?


Did employee have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?


Who has signed the appointment letter?


Was employee under probation period or a confirmed employee?


Do standing Orders apply to establishment?


Does establishment have its certified standing Orders (CSO)?


Is right to transfer stated in CSO?


Has the company stated in appointment letter that service conditions shall be governed by HR policy/service rules and regulations…………………………….and Is right to transfer stated in HR policy/service rules and regulations?


The transfer is within office or not?




Reply point wise to each point.



T. Kalaiselvan, Advocate (Advocate)     02 October 2014

Mr. Kumar Doab's questions to you seems to be appropriate, you may answer them if you need proper opinion.


Before which court, which tribunal, or which authority, an employee must keep their grievances /disputes so that proper redressal is met?किस न्यायालय, किस न्यायाधिकरण, या किस प्राधिकरण के समक्ष, एक कर्मचारी को अपनी शिकायतों/विवादों को रखना चाहिए ताकि उचित निवारण हो सके?

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