“4. That the statements made in paragraphs 2, 3 and 4 of the written statement of the workman are incorrect and hence denied by the management. It is denied that the management illegally and arbitrarily issued the transfer order dated 14.10.2016 to the workman, as has been alleged. It is further denied that the management transferred the workman as a correspondent, by violating the provisions of the existing law. A perusal of the order of transfer dated 15.10.2016 clearly goes to show that the order of transfer was issued in the interest of the newspaper and to improve the content of the Dibrugarh Edition of the Dainik Jugasangha and to have a good reporting hand in Tinsukia. The allegation that the workman was transferred as a "Correspondent" is an incorrect statement made with the sole intention of misleading this Hon'ble Court inasmuch as, the order dated 15.10.2016 nowhere says that the workman was transferred as a Correspondent. It is categorically denied that the workman was transferred as a Correspondent and that there has been a change in the nature of the job, as has been alleged. The management has not changed the status of the workman and he was transferred to Tinsukia as a Sub-Editor and not as a Correspondent. Therefore, no comments are necessary with regard to the functions of a Sub-Editor or a Correspondent. The nature of the job of the workman had not been changed by the issuance of the transfer order and at the time of joining the services of the newspaper, there was no assurance given to the workman that he would be all along be stationed at Guwahati. While entering into the job the workman was well aware that the newspaper has various editions from the various parts of the State and therefore the management is well within its rights to transfer its employees from one unit to the other, if deemed fit by the management, in the interest of the newspaper. Therefore, there is no violation of the employment agreement, as has been alleged. The question of violation of the principles of natural justice does not arise in the instant case, inasmuch as, no adverse order had been passed against the workman and transfer being an incidence of service, it is the sole domain of the management and the workman cannot dictate to the management as to where he or she should be posted.”
