Grasim Industries Ltd. v. State of Kerala
Case brief
What is this about?
Writ petition allowing management transfer of a Welfare Officer to HRD Dept set aside lower authority orders despite initial findings that transfer was illegal termination. Court held contract clause permitting transfer valid given company closure context.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 4TH DAY OF JULY 2016/13TH ASHADHA, 1938
OP.No. 11020 of 1998 (J)
PETITIONER :
GRASIM INDUSTRIES LIMITED., PULP DIVISION, BIRLAKOOTAM, MAVOOR, KOZHIKODE-673 661, REPRESENTED BY ITS FACTORY MANAGER SHRI.T.P.HARIDAS.
BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. SECRETARY TO GOVERNMENT,
- LABOUR AND REHABILITATION DEPARTMENT,
Issues for consideration
3 issues framed by the court
Whether a transfer of a Labour Welfare Officer to HRD Department, without specifying new duties or status, amounts to termination of service under the Rules.
Whether the transfer violated Rule 6(3) and 6(4) by imposing penalty without prior notice and opportunity of hearing.
Whether the company's contractual right to transfer staff overrides statutory protections for appointed Welfare Officers when the company is closed.
Parties & counsel
- petitioner
GRASIM INDUSTRIES LIMITED., PULP DIVISION, BIRLAKOOTAM
- respondent
STATE OF KERALA
- respondent
SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT
- respondent
DIRECTOR OF FACTORIES AND BOILERS
- respondent
MRS. SHIRLY JOSE
Case details
As recorded by the court registry
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