Industrial Disputes Act, 1947
25F. Conditions precedent to retrenchment of workmen.
- No workman employed in any industry who has been in continuous service ... transfer; and (c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event
terms and conditions of service applicable to the workman after such transfer are in any way less favourable to the workman than those applicable ... transfer ; or (iii) the new employer is, under the terms of such transfer or otherwise, legally not liable to pay to the workman
workman therein shall not be transferred for a period often years. Since the management transferred the workman in violation of the terms and conditions ... coming to the case on hand, transferability was one of the conditions of service. Therefore, transferring the workman from one place to other
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 ... imperatively needed
the service of this workman at Bombay, we
can safely hold that the workman's transfer
to Bombay
issued notices of transfer against 48
workmen. She submits that out of those 48 workmen, 46 workmen are
women.
13. Learned counsel invited my attention ... Supreme Court, (3) 46 of the
workmen out of 48 workmen are women, (4) when these 48 workmen
were employed by the respondent
between the Employers and the workman on 10.02.1996 and even thereafter, inasmuch as, on 10.02.1996 the workman was transferred, but not retrenched, or his services ... Shekhar Srivastava, learned Counsel appearing for the workman has urged that the workman has been transferred mala fide in the guise of following the management
workmen of the Appellant companies. Out of 37 workmen, one workman had resigned and therefore, 36 workmen were involved in the transfer ... workmen, 27 workmen have been transferred to various Branches of BDK Marketing Services Private Limited situated outside the State of Karnataka. 7 workmen were transferred
during the period
-4-
prior to his transfer and thereafter was transferred immediately
which transfer of the workman was malafide. It is prayed that ... workman be dismissed.
-23-
34. The contention of Learned AR of the workman that the
workman was given assurance of not transferring him outside Delhi
services of the workmen will
be interrupted, nor terms and conditions of services
applicable to be workmen; after aforesaid transfer shall
be less favourable then ... Company. He was transferred to the
Share Transfer Department. The said Share Transfer Department was closed
and the work was transferred to another company
after transfer than they were before such transfer, and the transferee is bound under the terms of the transfer to pay to the workmen ... transfer, then the transfer would be along with the employment. If the transfer is not a transfer, then the respondents- workmen will continue
