Legal Question in Employment Law in India

placement

I was engaged as per my professional background and worked in the same position for last 20 years. My employer compled to reimburse my medical claim as directed by the court recently. my Employer has transfered me to a another location where i am not in a position to utilize my professional background. I want my employer should re instate me as per professional background.


Asked on 2/11/03, 5:58 am

2 Answers from Attorneys
Umesh Bhagwat Bhagwat&Co.

Re: placement

If your terms of service permit the employer to transfer you to any location then it will be difficult for you to challenge the decision.However if the terms of service are silent then you have a case and the transfer can be challenged in a court.

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Answered on 2/11/03, 11:23 pm
Kaushik Chowdhury Kaushik Chowdhury Associates

Re: placement

From your query, it is not clear as to whether your employer is a State department or a State agency/undertaking or a private entity. If your employer is a private entity, then it appears that you cannot take any legal steps against such an employer against your transfer, especially if your appointment letter/terms of employment specify your job to be "transferable".

If your employer is a State department or a State agency, it may be possible to file a writ petition before the appropriate High Court for adequate remedy against the transfer. However, this would depend on the complete facts and circumstances of your case, which are at present not available to us. Further, it may be essential for you to show other compelling circumstances to the court in order to avoid the transfer, other than your professional problems, in order to gain the court's sympathy and obtain a suitable order.

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Answered on 2/13/03, 6:33 am


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