consenting party to such transfer. No employee can be transferred without his consent from one employer to another. The consent may be express or implied ... that consent of the workmen had not been obtained. All that the workmen were entitled to was notice and compensation, if the workman
Prasad on behalf of the workmen to introduce a theory of consent of the workmen for invalidating a transfer of ownership or management ... nature of the transfer. All the subsequent correspondence only show that the workmen never questioned the transfer on the ground that consent of the workmen
Management, Mettur Beardsell Ltd. v. Workmen of Mettur Beardsell Ltd. , workmen's consent to the transfer is not necessary. They have even no right ... after transfer, than they were before such transfer, and the transferee is bound under the terms of the transfer to pay to the workmen
unconstitutional to the extent that it does not require the consent of workmen for transfer of his services and the transfer of an undertaking ... ground that consent of the workmen had not been obtained and no consent of workers is necessary for validating the transfer of ownership or management
said
workmen stood automatically transferred to SPCPL. It is further
submitted that even the Business Transfer Agreement itself made
the transfer of employees subject ... transfer depends upon the
terms governing such transfer and upon fulfillment of certain
conditions. Thus, where the terms require consent and such
consent is absent
workmen was without their consent and this is evident from the fact that the workmen had not been intimated prior to the transfer that they ... workmen were abruptly informed that transfer had been effected. Even when the workmen had intimated the petitioner that there were rumours of transfer of such
that such transfer, in case of an inter-State transfer, can either take place with the consent of the workman, or in case there ... workman has urged that the workman has been transferred mala fide in the guise of following the management's policy regarding transfer
bankers and permission of the Collector the transfer obtained. On August 12, 1987, the workmen of the company filed a winding up petition against ... case, nor was the contention that without the workmen's consent, no transfer could be effected as the workmen are deemed
Certifying Certifying Officer officer. "Transfer: Workman may be transferred "Workmen may he transferred from from one shop/section/ one establishment/section/division department ... made subject to consent. No workman will give consent and if the exigencies of the work require that he should be transferred then
Management herein failed to prove as to
whether consent of the workmen regarding the said transfer was taken.
Signature Not Verified
W.P.(C) 11492 ... Court failed to take into
consideration that the consent of the workmen regarding the said transfer
is not required as the Management is vested with
