Municipal Corporation Of Gr. Mumbai vs Best Workers' Union on 28 January, 2008
COSMO Films Ltd. v. Sunil Vasudeorao Deshmukh (Para 8) to support the contention that transfer of service is not change of service condition so as to attract the rigours of Section 9A of the Industrial Disputes Act or for that matter, Section 42 of the B.I.R. Act. It was argued that with regard to the finding of proposed transfer being malafide, absolutely no material was produced by the Respondent complainant. It was also argued that the opinion recorded by the lower Court that the proposed transfer was malafide as the same was effected on the basis of telephonic instructions given on 20th October 2007 overlooked the factual position that said telephonic instructions were recorded in the Register maintained in the Office displayed on the Notice Board. According to the Petitioners, taking overall view of the matter, the Court below has completely misdirected itself in issuing interim directions in favour of the Respondents which will have serious consequence on the Petitioners, which has more than 24,135 employees, 356 routes to operate through public transport busses, 3489 vehicles to be deployed with 25 depots and 9 unions. It was submitted that the transfer from one depot to another depot was a routine matter for administrative exigencies which was done in every four months. It was argued that it was not only the case of transfer of 100 representative members of the Respondent Union but in all 759 members were transferred.