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