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

Sub Category: Bombay High Court
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Case Note & Summary

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

Issue of Consideration: The Indian Express (P) Ltd. and Ors. Versus Ganesh Gopinath Rane

2024 LawText (BOM) (7) 22

WRIT PETITION NO. 8387 OF 2024

2024-07-02

SANDEEP V. MARNE, J.

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.

The Indian Express (P) Ltd. and Ors.

Ganesh Gopinath Rane

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