Legal Question in Workers Comp in India

retrenchment

This matter pertains to a company having 100 employees and three locations in india, the facts are --we have a driver in Bangalore, unfortunately we had to sell the car which was not working properly. After the car was sold we had no job for the driver who has been with the company for 8 years. We transferred him to Delhi office where there was work for him. He refused the transfer and went to court asking for permanent injunction restraining the company from transferring him to delhi. The court has passed an interim order to maintain status quo.

My question is : 1)What is the remedy available to us?

2) Is it not in ur right to transfer him to Delhi3) What will happen in case we want to retrench him( as there is no job for him in Bangare)


Asked on 10/04/05, 12:19 am

2 Answers from Attorneys
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: retrenchment

It is apparent that thre already a litigation against you in this matter and an interim prohibitory injunction is in force.

The proper course for you to adopt would be to follow the advise of your existing lawyer who conducted the case before the Bangalore court; but you can ask him to consider taking up the interim injunction before the High Court of Karnataka.

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Answered on 10/04/05, 12:59 am
Raja Selvam Selvam & Selvam, Advocates & Consultants

Re: retrenchment

Pls ask your advocate to file a vacate stay petition. He cannot caim work in bangalore. is yr comp a p.ltd or a public co.

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Answered on 10/04/05, 1:28 am


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