Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947: s.9A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Industrial Disputes Act, 1947: s.9A – Transfer order – Amounting to illegal change under s.9A – Respondent-workmen employed in the Dewas factory of appellant as labourer – Order of transfer to Chopanki, which is 900 Kms away from Dewas – On transfer, after training, workmen were to work as supervisor – Industrial dispute – Labour court found that the workmen-nine in number were transferred from Dewas with intention to reduce the number of persons employed at Dewas and such an act was covered by Clause 11 of Schedule 4 of the I.D. Act and since no notice of change was given, the transfer orders were in violation of s.9A of the I.D. Act – Labour Court also specifically found on appreciation of evidence that transfer would change the nature of work since the workmen were employed as labourers at Dewas and on transfer at Chopanki, they would be working as Supervisor – Employer- management unsuccessfully challenged order of Labour Court before the High Court – Hence instant appeal – Held: The order transferring the respective workmen from Dewas to Chopanki at about 900 Kms. away was in violation of s.9A read with Fourth Schedule of the ID Act and was arbitrary, mala fide and victimization – By such transfer, their status as “workman” would change to that of “supervisor” – Thus, by such a change after their transfer to Chopanki and after they work as supervisor they would be deprived of the beneficial provisions of the ID Act and, therefore, the nature of service conditions/service would be changed – Even from the judgment and award passed by the Labour Court as well as the impugned judgment and order passed by the Single Judge, it can be seen that the appellant/employer has failed to justify the transfer from Dewas to Chopanki, which is at a distance of 900 Kms. and that too at the fag end of their service career – Every aspect was dealt with and considered in detail by the Labour Court as well as by the Single Judge of the High Court. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2021 INSC 676 |
Petitioner | Caparo Engineering India Ltd. |
Respondent | Ummed Singh Lodhi And Anr. |
SCR | [2021] 8 S.C.R. 780 |
Judgement Date | 2021-10-26 |
Case Number | 5829- 5830 |
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