The Bombay High Court disregarded Industrial Court’s reasoning for interim stay on transfer and promotion of employee

Indian Express being the employer filed Writ Petition No. 8387 of 2024 in the Bombay High Court seeking order to quash Industrial Court’s interim stay order on transfer of respondent employee who claimed transfer order by the employer was unfair labour practise and was a systematic harassment on account of previous litigation with the employer. The employer supported its claim by producing documentary evidence citing retirement of an employee created a vacancy which the respondent was required to fill. This decision of the employer comes from the urgency of maintaining print quality in the absence of a supervisor at Aurangabad. The employer also promoted respondent and offered a higher pay scale, further the contract of respondent also empowered employer to transfer him anywhere in India. Hearing arguments from both the sides, High Court ruled in favour of employer stating that mere filing of earlier litigation is not a reason to infer existence of mala fides for interdicting the order of transfer, the employer has made a prima facie case for existence of an administrative exigency necessitating the transfer. As a reason of this, the High Court ordered quashing of interim stay order of transfer.