In Brief
Caparo Engineering transferred nine workmen from its Dewas factory to Chopanki, 900 km away, at the end of their service careers without notice. The Supreme Court upheld the Labour Court and High Court's decisions holding the transfer illegal under Section 9A of the Industrial Disputes Act. The transfer was mala fide and victimization because it: reduced workforce at Dewas; changed workers' status from workman to supervisor, depriving them of statutory protections; and occurred without mandatory notice. The Court rejected the employer's jurisdictional argument and dismissed all appeals, directing payment of arrears and retirement benefits within four weeks.
The lawyer headnote and full judgment text are available to registered users.