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
wages alongwith other consequential benefits.
2 Brief facts as stated by the workman in his statement of claim are that
he joined the managements ... thereafter, the management transferred his
services to the management no.2 without any request, consent or approval
from the workman and both the managements used
workman. On 01.04.00 the workman was
called by Sh. Ramesh Dahiya, the then JE and he was directed to get his
transfer ... water supply department of MCD. As per direction, the workman
furnished his consent for his transfer. But he was not taken on duty
transferred from one company to another company, in which he was not an employee, it requires the consent of the employee to be transferred ... contract of service being thus incapable of transfer unilaterally, such a transfer of service from one employer to another can only be effected
award : 19.02.2013
AWARD :
The present claim has been filed by the workman against the
managements claiming that he was earlier appointed by management ... transferred to Gurgaon without his consent and that the bus
service was also stopped by the management w.e.f. 01.09.2006 and when the
workman
Through:
Sh. Avdhesh Singh
796, Pocket No. 1, Paschimpuri
New Delhi 110063 .........WORKMAN
Versus
1. M/s CNB Fashion
RZE4, Gali ... transferred to Gurgaon without his consent and that the bus service was
also stopped by the management w.e.f. 01.09.2006 and when the workman
cement
division and transferring the same to M/s. Lafarge along with the
workers who gave their consent to become the employees of the
transferee ... relationship of employers and employees ceased
to exist and, therefore, the workmen have no right to come back to the
appellant. This obviously
from transferring, alienating
or in any way creating charge over the movable and immovable of the
Company. It appears that thereafter, the consent terms were ... arrived
at between the workmen and the respondent Company on 26.10.1997
agreeing inter alia that during the pendency of the above petition,
the workmen
supplied to the opposite counsel and the matter was taken
up by consent for final disposal.
I have heard Ms. Abha Rathore, learned counsel appearing ... which enumerates unfair
labour practices. Entry 7 lays down that transfer of a workman mala fide
CWP No.1169
area Industrial Tribunal-
cum-Labour Court of the dispute raised by the workman in his demand
notice dated 10.12.2008. The order declining reference reads thus ... promoted to the post of
Fitter and was transferred without his consent to work with M/s Parkash
Enterprises, Gurgaon. His services were wrongfully terminated
