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Sales Promotion Employee (Medical Representative) of a Pharmaceutical Co. was defending a illegal Charge Sheet of Co-Worker as a defender and during the entire proceeding of the enquiry management didn't provide any proof and evidence to authenticate the Charges framed in Charge Sheet of Co-worker and after completing the domestic enquiry proceeding management lingered on the closure Report for 1.5 years which is still awaited in between the management has transferred the defender with malafide intentions which was refused by the defender then management has stopped salary and wages ,Sales Promotion Input of the defender since last 1year and No disciplinary action or Termination letter from the management till now.Whether this can be treated as deemed Termination/Oral Termination of a Defender by the management.If yes kindly provide the ruling for the same to get justice to the defender in the court of Law.
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Dear Mahesh,
Transfer is an incidence of service and as such the personal inconvenience, if any caused to the employee can not be a valid reason to agitate.. Therefore, every employee is bound to obey the orders of transfer. If the orders of transfer is as per the provisions of the standing orders or service regulations of the employer, such refusal to comply with the order can be treated as a punishable misconduct apart from non-payment of salary/wages for the period of unauthorised absence on the ground of refusal to report for duty in the transferred place/post. If the employee feels that the orders of transfer is a measure of victimisation or colorable exercise of power or not authorised under the standing orders, he can raise an industrial dispute u/s 2k of the Industrial Disputes Act,1947 through his Trade Union.
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