Whether a writ petition can be entertained in the case where the employee has been transferred to a different location?
From India, New Delhi
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425From India, New Delhi
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Hi Kumaracme,
Understanding Writ Petitions
A writ? We assume the employee has not yet resigned. Generally, a writ is filed when one's fundamental rights are violated, and it can be of a civil or criminal nature.
It would be more helpful if you share more details and the context of the issue. However, you can also investigate why the said employee filed a writ petition and in which court they did so.
Reviewing Employment Documents
Also, please check what you had given to them in writing about their letter of appointment and job description. If these documents mentioned the transferability of the job, and if the employee agreed, then you have a signed contract, and there is no ground for the writ (again, we are assuming a lot here, more information would be helpful).
Service Rules and Legal Advice
Further, what are your service rules under the Industrial Employment (Standing Orders) Act, 1946? Do you have your own service rules, or have you adopted the model rules? If those rules state the transferability of the job and if the procedure for raising grievances has been elaborated there, then the employee should have resorted to that first.
In case you do not have a legal background, it would be better to seek counsel.
Hope this helps. Best wishes,
Team HRM For Non-HR Managers
From India
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Understanding Writ Petitions
A writ? We assume the employee has not yet resigned. Generally, a writ is filed when one's fundamental rights are violated, and it can be of a civil or criminal nature.
It would be more helpful if you share more details and the context of the issue. However, you can also investigate why the said employee filed a writ petition and in which court they did so.
Reviewing Employment Documents
Also, please check what you had given to them in writing about their letter of appointment and job description. If these documents mentioned the transferability of the job, and if the employee agreed, then you have a signed contract, and there is no ground for the writ (again, we are assuming a lot here, more information would be helpful).
Service Rules and Legal Advice
Further, what are your service rules under the Industrial Employment (Standing Orders) Act, 1946? Do you have your own service rules, or have you adopted the model rules? If those rules state the transferability of the job and if the procedure for raising grievances has been elaborated there, then the employee should have resorted to that first.
In case you do not have a legal background, it would be better to seek counsel.
Hope this helps. Best wishes,
Team HRM For Non-HR Managers
From India
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Yes, the facts furnished are inchoate.
Writ Petitions Against Private Bodies
Anyhow, writ petitions are maintainable only against government authorities and not against a private body. However, there could be an exception if the private body performs a public duty and the mandamus sought is related to that public duty.
Transfer of Employees and Writ Petitions
As regards the transfer of an employee, it is impossible for a writ petition to be filed if the employer happens to be a private body. Even in the case of government employees, a writ petition could be filed if the remedy of approaching the Administrative Tribunal is not provided for.
From India, Kochi
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Writ Petitions Against Private Bodies
Anyhow, writ petitions are maintainable only against government authorities and not against a private body. However, there could be an exception if the private body performs a public duty and the mandamus sought is related to that public duty.
Transfer of Employees and Writ Petitions
As regards the transfer of an employee, it is impossible for a writ petition to be filed if the employer happens to be a private body. Even in the case of government employees, a writ petition could be filed if the remedy of approaching the Administrative Tribunal is not provided for.
From India, Kochi
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The transfer is an incident of service and is necessary for the organization. Unless there is blatant irregularity or abuse of process, courts are generally reluctant to interfere in the transfer of service.
From India, Mumbai
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From India, Mumbai
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Filing a Writ Petition
A writ petition can be filed by any aggrieved person. The High Court will scrutinize and pass an appropriate order. If the writ is not tenable, the High Court will dismiss it. If admitted, the respondents have to submit their say.
From India, Pune
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A writ petition can be filed by any aggrieved person. The High Court will scrutinize and pass an appropriate order. If the writ is not tenable, the High Court will dismiss it. If admitted, the respondents have to submit their say.
From India, Pune
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