Overstepping Boundaries: Court Overturns Blanket Protection Order Against Employer's Rights.


30 January 2024 Employee Related >> Corporate Law  

This writ petition of The Indian Express (P) Ltd. & Others v/s Dinesh Rane & Others., challenges the Industrial Court's order dated September 19, 2022, which granted interim relief to the Respondents, preventing the Petitioners (employers) from terminating or transferring the Respondents without following due process of law. The Respondents had filed a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, alleging unfair labor practices, including interference with union activities and the unlawful transfer of employees.


 

 

Despite rejecting most of the Respondents' grievances, the Industrial Court granted them protection from termination and transfer, arguing that the Respondents could challenge any such actions. The Court found that the Respondents had not provided enough evidence to support their claims and that the Employer's inherent right to transfer or take disciplinary action should not be hindered without clear grounds. The order was considered a blanket protection that could potentially undermine the Employer's rights. As no immediate threat to the Respondents' employment or transfers was proven, the Court set aside the Industrial Court's order and ruled in favor of the Petitioners.


Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971