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1 - 10 of 17 (0.22 seconds)State Of Madhya Pradesh vs Shanker Lal & Ors on 16 January, 1980
In a judgment of the Supreme Court in the case of the State of Madhya Pradesh v. Shankar Lal and Ors., reported in AIR 1980 SC 643 it has
been held as follows :--
M/S Kundan Sugar Mills vs Ziyauddin And Others on 9 February, 1960
On the other hand, in the case of Kundan Sugar Mills v. Ziyauddin and Ors., reported in AIR 1960 SC 650, their Lordships of the Supreme Court very clearly held that apart from any statutory provision, the right of an employer for transferring an employee from one place to another is covered by the terms and conditions of employment between employer and the employee or by the terms necessarily implied therefrom.
Employers In Relation To The Bhowra ... vs Their Workmen on 30 January, 1962
12. The Supreme Court in the case of Employers in relation to the Madhuband Colliery v. Their Workmen, reported in 1966 (12) FLR 274, while dealing with the question as to whether workman can be transferred from one place to another clearly observed and held that either the service contract expressly should contain a provision regarding transfer or the Certified Standing Orders may provide for the stipulation of transferring a workman from the place to another, or in the absence of either of the aforesaid, the Service Rules of the employer which apply to the concerned workman should contain a provision regarding the transfer. The following observations are apposite :--
Automotive Manufactures Ltd. vs Nanalal Panachand Vakharia And Anr. on 30 August, 1976
14. A Division Bench of Gujarat High Court in the case of Automotive Manufactures Ltd. v. Nanalal Panachand Vakharla and Anr., reported in 1977 Lab IC 1188 was of the view that unless the service contract contained express condition about the transferability of the workman, it was not open to the employer to order his transfer and that the transfer, as an implied term of service could also be read into a contract of service if there was some compulsion to read the same into the said contract by necessary implication having regard to the very nature of the employment. The expression "very nature of employment" does commend to us very strongly because we also feel that the nature of employment in a given situation can have a direct bearing and a close linkage to determine whether by implication one can read into the service contract a provision or power to transfer. In the aforesaid case, the following observations of the Division Bench of the Gujarat High Court are pertinent to be noted :--