Whether a writ petition can be entertained in case where the employee has been transferred to a different location?
From India, New Delhi
421From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Like we keep saying, Mr.Kumar Please provide all the details otherwise no one will be able to help you.
From India, Mumbai
From India, Mumbai
Hi Kumaracme,
A writ? We assume the employee has not yet resigned. Generally a write is filed when one's fundamental rights are violated, and it can be of civil or criminal nature.
It would be more helpful if you share more details and the context of the issue, but you yourself can also see why the said employee filed a writ petition, and in which court they did so.
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).
Further, what are your service rules under the 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 grievance has been elaborated there, then the employee should have resorted to that first.
In case if you do not have legal background, it would be better to seek counsel.
Hope this helps.
Best wishes,
Team HRM For Non-HR Managers
From India
A writ? We assume the employee has not yet resigned. Generally a write is filed when one's fundamental rights are violated, and it can be of civil or criminal nature.
It would be more helpful if you share more details and the context of the issue, but you yourself can also see why the said employee filed a writ petition, and in which court they did so.
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).
Further, what are your service rules under the 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 grievance has been elaborated there, then the employee should have resorted to that first.
In case if you do not have legal background, it would be better to seek counsel.
Hope this helps.
Best wishes,
Team HRM For Non-HR Managers
From India
Yes, the facts furnished are inchoate.
Anyhow, Writ Petitions are maintainable only against the 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.
As regards to transfer of an employee, it is impossible that a Writ Petition could be filed if the employer happens to be a private body.
Even in respect of Government employees, a Writ Petition could be filed if the remedy of approaching the Administrative Tribunal is not provided for.
From India, Kochi
Anyhow, Writ Petitions are maintainable only against the 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.
As regards to transfer of an employee, it is impossible that a Writ Petition could be filed if the employer happens to be a private body.
Even in respect of Government employees, a Writ Petition could be filed if the remedy of approaching the Administrative Tribunal is not provided for.
From India, Kochi
The transfer is an incident of service and is necessary for the organisation. Unless there is blatant irregularity or abuse of process Courts are generally reluctant to interfere in the transfer of service
From India, Mumbai
From India, Mumbai
A Writ Petition can be filed by any aggrieved person. High court to scrutinise and pass appropriate order. If the Writ is not tenable, the HC will dismiss it. If admitted the respondents have to submit their say
From India, Pune
From India, Pune
No stay can be granted by High Court against transfer of an employee from one location to another - S. K. Mittal Advocate 9319956443 skmittal.labourlaw@gmail.com
From India, Faridabad
From India, Faridabad
Writ petition in APHC to be filed.doc
Order dated 21_10_2016 in Writ Petition Criminal 136 of 2016.pdf