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Transfer of industrial workmen, involved in production, to a business office without any justified reason at the place of transfer, is illegal. - The Industrial Disputes Act, 1947

Transfer of industrial workmen, involved in production, to a business office is nothing but a trick deceiptfully practiced on workmen to deprive them of their legal rights. Transfer is illegal termination of the workmen because the transfer order is retrenchment within the meaning of Section 2(00) of the Industrial Disputes Act, 1947 and the compliance of Section 25-F of the Act has not been made. Transfer to an office having signboard of the management but the same always remains locked, is an eye-wash and illegal. Abandonment is an intention of the workmen to leave service and to waive off rights spelled over long period of time establishing disinterest in work. The plea of abandonment, if not substantiated by cogent evidence by the management, is not acceptable in evidence.

-Harjit Singh vs. Presiding Officer, Industrial Tribunal, Patiala and Others 2017 (P&H H.C.)


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