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
Monark Enterprises vs Kishan Tulpule And Others on 30 October, 1991
Equivalent citations: 1992(2
choice not to accept the transfer as the
decision to transfer them has been taken unilaterally and without their
consent or a tripartite agreement, muchless ... Workmen of Mettur Beardsell Ltd. , 3 which has held that
common law principle requiring the consent of the workers in
transferring their services from
grievance of the workmen is that upon the transfer of the Undertaking, the services of the workmen would be transferred to the Fifth Respondent ... that in the event, that the workmen do not consent to the transfer, their services would come to an end. The Industrial Court has rejected
Section 25-FF of
the Industrial Disputes Act, which entitles workmen to
compensation upon transfer in accordance with Section 25-F . He
submits that ... after transfer of the
undertaking, the consent terms recorded in the appeal, and the
true liability for the dues claimed by the workmen. The question
Section 25-FF of
the Industrial Disputes Act, which entitles workmen to
compensation upon transfer in accordance with Section 25-F . He
submits that ... after transfer of the
undertaking, the consent terms recorded in the appeal, and the
true liability for the dues claimed by the workmen. The question
which, besides covering the service conditions of workmen of Hindoostan Mills also gave benefits to the workmen of the Calendar Bowl Department, does ... department of ECK Haubold, the workmen could have had no grievance. In the instant case, the Mills transferred the workmen from one employer to another
court of law for redressal of grievance of workmen.
Hope wiser counsel prevails and the workmen are
not forced to initiate further proceedings in this ... relation to
transfer and problem of production and discipline. The consent letter
which was required to be executed by the workmen was replied
procedure for transfer, but this assurance was not abided by and suddenly
the workmen were given the option about shifting and transfer to Kandivli ... Court held that no employee could be
transferred, without his consent, from one employer to another. The consent
may be express or implied.
The facts
Thane to any other place except with their consent ...."
3. Regarding transfer (Demand No. 9), the Tribunal disposed of this point in one single ... industry and the status of the workmen, I direct that no employer shall transfer any of the employees, falling in Grades II and III outside
