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1 - 10 of 35 (2.61 seconds)Section 9A in The Industrial Disputes Act, 1947 [Entire Act]
Article 14 in Constitution of India [Constitution]
Section 25 in The Industrial Disputes Act, 1947 [Entire Act]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
Section 25O in The Industrial Disputes Act, 1947 [Entire Act]
Section 25N in The Industrial Disputes Act, 1947 [Entire Act]
Article 311 in Constitution of India [Constitution]
Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
Further, as observed by the Apex Court in Balco's case (supra),
transfer on account of transfer of Undertaking is an incidence of service
for an employee and it is for the employee to accept that decision of the
employer which has been honestly taken and which is not contrary to
law. Moreover, the principles of natural justice have no role to play in
relation to taking of a policy decision such as in the present case. The
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employees are not entitled to demand a right of hearing or consultation
prior to taking of the decision.
Jawaharlal Nehru University vs Dr. K.S. Jawatkar & Ors on 12 May, 1989
"10. Elaborate arguments were advanced on the question
as to whether an employee's consent is a must under
Section 25FF of the Act. The common law rule that an
employee cannot be transferred without consent, applies in
master- servant relationship and not to statutory transfers.
Though great emphasis was laid by learned Counsel for the
Respondent on Jawaharlal Nehru University v. Dr. K.S.
Jawatkar and Ors., a close reading of the judgment makes
21 (1979) 1 SCC 1
22 (1973) 3 SCC 564
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it clear that the common law rule was applied. But there is
not any specific reference to Section 25FF or its
implication. There is nothing in the wording of Section 25FF
even remotely to suggest that consent is a pre-requisite for
transfer. The underlying purpose of Section 25FF is to
establish a continuity of service and to secure benefits
otherwise not available to a workman if a break in service
to another employer was accepted. Therefore, the letter of
consent of the individual employee cannot be a ground to
invalidate the action." (emphasis supplied)