Transfer is a right of the Employer
16. Nov, 2010 
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This is an interesting case of the Management using ‘transfer’ as a weapon against its derecognized Association Officer bearers. The Office bearers filed a writ in the Madhya Pradesh High Court challenging the Order of transfer stating that the transfer orders were passed in the wake of their Association being de-recognized and therefore the act of transferring the Association Officer bearers was with a malafide intention.
The Management argued that the staff cannot dictate terms to the management as to how, when, where and for what duration he should be posted at a particular place, office or branch and reliance has been placed on a Supreme Court ruling in Union of India vs Abbas, AIR 1993 SC 2444.
The Madras High Court held that by just stating malafide intent on part of the Management would not be enough and they will have to present material facts to prove malafide intent in the act of the Management in transferring the staff. ‘Transfer is a normal incident of service’ and the staff cannot be immune to the transfer orders just because they were previously officer bearers of an Association.
[Ref Case: All India State Bank of Indore Officers’ Coordination Committee vs State Bank of Indore; 2010 LLR 553]
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