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PETITIONER: M/S KUNDAN SUGAR MILLS
Vs.
RESPONDENT: ZIYAUDDIN AND OTHERS.
DATE OF JUDGMENT: 09/02/1960
BENCH: SUBBARAO, K. BENCH: SUBBARAO, K. GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS
CITATION: 1960 AIR 650 1960 SCR (2) 918
ACT: Industrial Dispute-Rights of employer to transfer a workman- if implicit in every contract of service.
HEADNOTE: The General Manager of the appellant Mills ordered the transfer of four workmen from the appellant mill to a new mill, which had been purchased subsequently. The only connection between the two mills was the identity of ownership and, but for it, one had nothing to do with the other. The concerned workmen protested to the said order of transfer and did not acceed to the request, thereupon they were served with notice for disobedience of standing orders and were called upon for explanation which the workmen did and thereafter they were dismissed from service. The Labour Appellate Tribunal found that the management had no right to transfer the workmen to the new factory and therefore the order dismissing them was illegal. The appellants came up by special leave before the Supreme Court and contended that the right to transfer an employee by an employer from one of his concerns to another is implicit in every contract of service. The question is whether a person employed in a factory can be transferred...