I am C GANESAN working in IOCL Trichy BP as blue-collar workman in grade II as an operator.I was joined in 09.08.2012 since my joining I am serving in TRICHY BP.
After the automation in equipment the redeployment of workmen happened, total blue-collar workmen in this location is 21, out 21 16 employees are senior formen remaining five workmen are operator,in the month of December end our union IOEU SR leaders came and told that there will be five BCW will be transferred to other location in the manner of date of least joining, hence the five employees made a representation to the management to retain in the same serving unit including myself on 30.01.2021 to the GM HR through our location in charge, till 25th March. On 25th March the management issued a transfer order to the five BCW to another station ( around 200 km).
Now I wish to clarify that the remaining 16 employees are serving in the same location since their joining i.e 1996.
the agreement of employment ( transfer to any department any location and anywhere in India).are they not bound to transfer. Here I wish to mention the reply of the RTI to the management regarding the transfer policy that IOCL doesn't have any transfer policy and however it transfer the BCW on business requirement.
In this situation, my question is that first come first go principles should be applied or not.
I think the lost come first go principles apply for retrenchment only.
2. We the five BCW made grievance as of 30.01.2021 for the retention/ transfer only at this juncture is it possible to issue transfer order without redressed the grievances.
In this regard, we appeal to the Director HR IOCL by yesterday.it is not yet replied to.
Here I wish to inform you that out of five BCW one employee is an Ex-servicemen i.e myself. and I made representation about my past Army service and my various transferred service, even though the management doesn't consider and issue the transfer order.
3. In Trichy BP there is shift allowance, but transferred location the shift allowances is not there because it is operated in general shift only. Can I mention this financial loss as a reason for retention?
How can we stay the transfer order?
From India, Chennai
The company is free to transfer you to any other unit if there is a business reason, which in this case is automation resulting in lesser number of employees required. As long as the transfer is not malafide, you can not complain, specially when the appointment letter says that you can be shifted to another unit. The fact that you will not longer be able to get shift allowance is not reason to not transfer you to another location.
Even your union has accepted the solution of the management.
You can always raise a dispute under Industrial Dispute Act, but i dont see the management changing its decision. (Note, i am not an expert on industrial dispute act)
BTW would you have preferred that they terminated you instead of transferring you to another unit?
From India, Mumbai
In jurisprudence so that in the case of retrenchment of the employees, the last appointed person should be first retrenched. It is true that the 'first come last go' principle is a well accepted prin... ...of first come, last go; last come, first go.
I do not see anything wrong in the matter of five persons transfer to other unit of the employer. The decision of transfer was in consent of the Union of IOCL Trichy.
The management got right to terminate the workmen if not accord the transfer order. The above transfer is an alternative employment of the workmen emerged out of the position seized due to automation or adoption of new technology that is best for the production & business.
In this situation, you should consider your transfer is a well fit decision of management with due consent of registered Trade Union of the company.
Your grievance is not acceptable because have no substance, when grievance is not at place the question of redressal does not arise.
The retrenchment would remain an option before the employer for the workmen do not adhere to the transfer order as their position got extinct.
You can challenge the order of transfer on your own ground of objection for good, now you decide what should be your course of action.
From India, Mumbai
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