Can a Disabled Employee and Union Leader Be Transferred Without a Policy or Reason?

One employee working in Mumbai in a central autonomous body for the last 20 years has suddenly been transferred to Delhi. He is a physically disabled person.

There is no transfer policy framed. So far, none of the employees working either in Mumbai or Delhi have been transferred between each other. This is the very first case.

It is important to note that he is the elected General Secretary of a Registered Staff Association, registered under the Trade Union Act 1926, and affiliated with the Confederation of Central Government Employees & Workers. He was targeted for the demand relating to the immediate implementation of a medical scheme for employees.

The transfer order simply states that Mr. X is transferred to Delhi. The reason for his transfer has also not been mentioned in the order.

So, can a physically disabled employee and even a General Secretary for a Registered Staff Association be transferred like this?

Transfer Clauses and Legal Considerations

Please check the appointment order as it may contain a clause regarding transfer. If such a clause is present, objections to the transfer cannot be raised. It is important to note that there is no mandatory requirement stating that a physically handicapped employee cannot be transferred. Similarly, there is no statutory provision that prohibits the transfer of a union office bearer unless the employee is classified as a 'Protected Workman' under the ID Act of 1947, and there exists a mutual understanding between the management and the union regarding this matter. In the case of an industrial dispute pending adjudication, the service conditions of the protected workman cannot be altered.

Courts have consistently ruled that transfer is an administrative necessity and must be implemented in cases of service exigencies.