Writ Petition Dismissed: Labour Court’s Award Upholding Transfer as Non-Punitive Stands.


06 November 2024 Dispute with employer >> Workplace/ Professional Related  

This writ petition of Ravinder Mandal v/s M/s. D.L.F. Universal Ltd., was filed under Articles 226 and 227 of the Constitution of India, challenging the Labour Court's award dated 24.04.2024. The petitioner, a Senior Foreman with the respondent management, contended that his services were effectively terminated under the guise of a transfer order dated 18.01.2017. The petitioner had worked with the respondent from 25.09.2007 until 21.01.2017, after which he was allegedly denied the opportunity to report to duty following a transfer order from Delhi to Chennai.

The petitioner argued that his transfer was vindictive because he had refused to assist in currency conversion during demonetization, and he also faced personal difficulties, such as the disruption of his children's education, which prevented him from accepting the transfer. The respondent management denied these allegations, stating that the petitioner’s services were not terminated but only transferred due to administrative requirements. They further asserted that the petitioner failed to comply with the transfer order.

 
 

The Labour Court ruled in favor of the respondent, finding no evidence of malafides or punitive action in the transfer. The Court observed that the petitioner, being on a transferable job, was obligated to comply with the transfer order. The Court also noted that there was no substantial evidence linking the transfer to any act of retaliation related to the petitioner’s refusal to assist in currency conversion.

The writ petition was ultimately dismissed, and the Labour Court’s award was upheld, with the Court emphasizing that the scope for judicial interference in transfer-related matters is limited, particularly where there is no proven malafide action.