Dear All
If the terms of employment or the appointment order of the CFO provides for a clause for his liability to be transferred to any other Units/Branches/Offices etc., of the Company, the CFO cannot complain. The clause in the appointment order, gives the power to the company to transfer and the employee to accept the transfer and work at the place to which he was transferred. Even in the case of workmen as defined under the Industrial Disputes Act, Courts have accepted the power of the employer to transfer the worker provided either the standing orders or the appointment order contains a clause to that effect. If the CFO after resigning pleads that the resignation was forced, he has to prove it in a Court of competent jurisdiction with evidence. Even in the case of industrial workers, if the worker alleges mala fide motives on the part of the management for transferring him from one location to another, the worker has to prove through evidence that the management was actuated by mala fide motives in transferring him. It is not for the employer to establish that the transfer was bona fide. In the case of the CFO, based on the designation indicated in the post, I assume that he is not a worker as defined under the Industrial Disputes Act. Therefore he cannot have remedy from any of the labour laws. He has to seek remedy through a Civil Court having jurisdiction in the issue.
With regards