Divgi Metal Wares Ltd. (M/s.) vs. M/S. Divgi Metal Wares Employees Association & Anr. (SC)

Industrial Employment (Standing Orders) Act, 1946–View of Division Bench that the transfers made by the appellant were not permissible–Clause 3 & 11 of the appointment order reveal that there was no conflict as was sought to be convessed by the employee–Clause 3 gives the right to the employer to transfer a workman from the establishment at Banglore to any other establishment of the Company in India–Confirmation order also stipulates this fact–Nothing contained in the Standing Orders can operate in derogation or to the prejudice of the provisions as provided in the contract of service–On the date of orders of transfer as well as the date on which the Industrial Tribunal passed the award dated 28.02.2006, it is the 03.07.1989 Standing order which would be in operation–Division Bench also did not consider the law laid down in the case of Cipla Ltd.–Impugned judgment and order are liable to be quashed.