Dismissed

Engineering Workers Association v. M/S. Oriental Containers Ltd. and 2 Others

Bombay HC2 Feb 2009WP/2712/2008

Case brief

AI extract

What is this about?

The High Court dismissed the Writ Petition against an order rejecting a union complaint concerning the transfer of workers from Worli to Khopoli. The Court held the impugned order was detailed, based on relevant facts, and did not warrant interference as the Petitioner failed to establish male-fides.

What did the court decide?

Writ Petition dismissed.

Engineering Workers Association Vs M/S. Oriental… — Service and Employment | Bombay HC (2009)

¶1

 : 1 :

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

 WRIT PETITION NO.2712 OF 2008

¶4

 Engineering Workers Association ....Petitioner
 V/s.
 M/s.Oriental Containers Ltd. & Ors. ....Respondents

¶5

 Ms.Naina Booch i/b Mr.S.K. More for the Petitioner.
 Mr.V.P. Vaidya for the Respondents.

¶6

CORAM : S.J. VAZIFDAR, J.
DATED : 2ND FEBRUARY, 2009.
P.C. :

¶7

 1. Rule. By consent the rule is made returnable
 forthwith and heard finally.

¶8

 2. The impugned order dismisses the complaint
 filed by the union regarding transfer of the workers
 from Worli to Khopoli. The order is detailed,
 considers the relevant facts and does not warrant any
 interference.

¶9

 3. For instance, it has been rightly held that
 it is unsafe to rely on the bare statement of the
 employees and that there is nothing in the evidence of
 the Petitioner which establishes any male-fides. The
 Worli unit is no longer in operation. Moreover, the
 letter of appointment also expressly stated that the

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 : 2 :

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 workers receiving training at Worli would be required
 to work at the companies unit at Khopoli and Murbad.
 Under the settlement between the union, it was
 expressly agreed that the entire factory would be
 shifted from Worli to a place at Navi Mumbai.

¶12

 4. The transfer order was passed on 22.2.2007.
 There was no stay of the same. Despite the same, the
 said workers have not reported for work.

¶13

 5. The Writ Petition is accordingly dismissed.

Engineering Workers Association v. M/S. Oriental Containers Ltd. and 2 Others

Case brief

What is this about?

What did the court decide?

Engineering Workers Association v. M/S. Oriental Containers Ltd. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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