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Supreme Court of India 2021-10-26 dismissed

Bench: 2 — M.R. Shah, A.S. Bopanna

In Brief

Nine employees of a manufacturing company were transferred 900 km away from Dewas to Chopanki at the end of their careers. The transfer changed their work nature (from workmen to supervisors) and resulted in workforce reduction at Dewas. The Labour Court found the transfer violated Section 9A of the Industrial Disputes Act, which requires notice before changing service conditions. The High Court upheld this decision. The Supreme Court affirmed that the transfer was illegal, mala fide, and constitutive of victimization. The Court dismissed the employer's appeals and ordered reinstatement of back wages and all benefits as if the transfer had never occurred.

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Industrial Disputes Act Labour Law Employee Transfer Change in Service Conditions Section 9A Victimization Unfair Labour Practice Workmen Protection

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