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1 - 3 of 3 (0.37 seconds)Jawaharlal Nehru University vs Dr. K.S. Jawatkar & Ors on 12 May, 1989
In Jawaharlal Nehru University v. K. S. Jawatkar : 1989
supp (1) SCC 679,
"7. ...The Centre of Postgraduate Studies
was set up at Imphal as an activity of the
WP 5397.09
appellant University. To give expression to
that activity, the appellant University set up
and organised the Centre at Imphal and
appointed a teaching and administrative staff
to man it. Since the Centre represented an
activity of the appellant University the teaching
and administrative staff must be understood
as employees of the appellant University. In
case of the respondent, there can be no doubt
whatever that he was, and continues to be, an
employee of the appellant University. There is
also no doubt that his employment could not
be transferred by the appellant University to
the Manipur University without his consent,
notwithstanding any statutory provision to that
effect whether in the Manipur University Act or
elsewhere. The contract of service entered
into by the respondent was a contract with the
appellant University and no law can convert
that contract into a contract between the
respondent and the Manipur University without
simultaneously making it, either expressly or
by necessary implication, subject to the
respondent's consent. When the Manipur
University Act provides for the transfer of the
services of the staff working at the Centre of
Postgraduate Studies, Imphal, to employment
in the Manipur University, it must be construed
as a provision enabling such transfer of
employment but only on assumption that the
employee concerned is a consenting party to
such transfer. It makes no difference that the
respondent was not shown in the list of
Assistant Professors of the appellant
University or that the provision was not
indicated in its budget; that must be regarded
as proceeding from an erroneous conception
of the status of the respondent. The position in
WP 5397.09
law is clear, that no employee can be
transferred, without his consent, from one
employer to another. The consent may be
express or implied. We do not find it
necessary to refer to any case law in support
of this conclusion.
Bcpp Mazdoor Sangh & Anr vs N.T.P.C. & Ors on 11 October, 2007
In BCPP Mzadoor Sangh v. NTPC : 2007 (14) SCC 234
it was observed by their Lordships :
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