Promotion and transfer of employee challenged in Industrial Court. The Industrial Court shall decide the Complaint uninfluenced by the same.


Summary of Judgement

  • The Indian Express (P) Ltd. promoted Rane from Senior Printer to Supervisor and transferred him to the Walunj Printing Press in Aurangabad, citing exigencies of the company's work.
  • Rane challenged this promotion and transfer order in the Industrial Court, Thane, and obtained an interim stay on the order.
  • The Indian Express (P) Ltd. has filed a writ petition challenging the Industrial Court's interim order.
  • The main arguments are:
    • The transfer is a normal condition of service, and the Industrial Court cannot interfere with it.
    • No malafide intent has been established by Rane.
    • The transfer is due to administrative exigencies, such as the retirement of other senior employees.
  • Rane's counsel argues that the transfer is a result of harassment due to Rane's objections to the conduct of the union elections.

Key Points:

  • Promotion and transfer of employee challenged in Industrial Court
  • Indian Express (P) Ltd. argues transfer is a normal condition of service
  • Rane alleges transfer is due to harassment over union election issues
  • Industrial Court granted interim stay on transfer order
  • Indian Express (P) Ltd. has filed writ petition challenging the interim order

Case Title: The Indian Express (P) Ltd. and Ors. Versus Ganesh Gopinath Rane

Citation: 2024 LawText (BOM) (7) 22

Case Number: WRIT PETITION NO. 8387 OF 2024

Advocate(s): Dr. Abhinav Chandrachud a/w. Mr. Amol Joshi, Mr. Pranit Kulkarni, Ms. Tejasvi Ghag i/by. Ms. Poorvi Kamani, for the Petitioners. Ms. Jane Cox, i/by. Mr. Ghanshyam R. Thombare, for the Respondent.

Date of Decision: 2024-07-02