Transfer of Employees under Labour Laws

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Description
The table of cases, as referred, will reveal that many more cases have been added but at the same time, efforts has been made that the book is not swallowed. Anybody confronted with queries for clarification may find support from the judicial ratios in this revised edition. The concept of employment being primarily a creature of contract, its terms are modified only to the extent they are superseded by law, contract or award. The rights and obligations of the employer and the employees in matters of transfer would, therefore, be governed by this position that unless proved to the contrary and unless the transfer changes the identity of employment or breaches employment conditions, an employer has always a right to transfer his employee. Transfer of an employee is considered to be a managerial right which, however, is subject to contract to the contrary. However, if the transfer is effected as punishment or as a consequence of victimisation or made not observing the relevant conditions in relation to transfer of Union office-bearers or protected employees, such transfers can be questioned. Subject to these limitations, the employers have a right to distribute work as they think fit and transfer is an incident of service. The employer is the best judge to distribute manpower and decide as to whether a transfer can be avoided or not.
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Contents
Chapter 1.    Transfer of an Employee
Chapter 2.    Justified Transfers
Chapter 3.    Unjustified Transfers
Chapter 4.    Transfer of and Employee when Illegal
Chapter 5.    Transfer and Inconvenience to the Employee
Chapter 6.    Transfer and Alteration of Conditions of Service under Section 33 of the 
                         Industrial Disputes Act, 1947
Chapter 7.    Disobedience of Transfer Order Consequence
Chapter 8.    Challenging Transfer order by an Employee
Chapter 9.    Day-to-Day Clarifications Pertaining to Transfer of an Employee
Chapter 10.  Ready Drafts and Guidelines relating to transfer of employees
Subject Index
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Author Details
H.L. Kumar, Advocate, Supreme Court of India, Chief Editor, Labour Law Reporter
Gaurav Kumar, MBA, LL.M., Advocates