Transfer of labour leaders not illegal if effected to meet exigencies of administration. - The Industrial Disputes Act, 1947
Petitioners being labour leaders issued statutory notice for one day strike to pressurize the management for implementing the labour laws. On very next day the Management issued transfer order transferring the petitioners at another unit at a distance of about 86 kms. Management also obtained an order of status quo from the court in this respect. Union challenged the transfer order as well as the order of status quo passed by the court. The writ Court held that petitioners may be labour leaders but no prejudice would be caused to them since they have been transferred at a distance of 86 kms, they can commute by free of cost between the place of transfer and transferee and even along with them other labour leaders including Presidents and Secretaries of the Union who were also signatories of the notice, have also been transferred which proves that petitioners have not been victimized.
-P. Chenniappan vs. The General Manager, Tamil Nadu State Transport Corporation, Erode. 2017 LLR 849 (Mad. H. C.)
The Industrial Disputes Act,1947
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