Case Note & Summary
The judgment involves multiple writ petitions filed by employees of the Chandrapur District Central Co-operative Bank Ltd. challenging their transfer orders. The petitioners, including Ramesh Raghobaji Kirtane, Narendra Sadashiv Jorigewar, and Ku. Chhaya Balwantrao Hamdapure, were transferred from one branch to another within the bank. They contended that the transfers were illegal, mala fide, and violative of their service conditions. The bank and other respondents argued that transfer is an incident of service and the employer has the right to transfer employees as per the transfer policy. The court analyzed the service conditions and the transfer policy of the bank. It held that transfer is a normal incident of service and the employer has the discretion to transfer employees unless the transfer is shown to be mala fide or contrary to the service rules. The petitioners failed to provide any evidence of mala fides or violation of service conditions. Consequently, the court dismissed all the writ petitions, upholding the transfer orders.
Headnote
A) Service Law - Transfer - Employer's Right - Transfer Policy - The court considered whether transfer orders issued by a co-operative bank to its employees were illegal. Held that transfer is an incident of service and the employer has the right to transfer employees unless the transfer is mala fide or contrary to service rules. The petitioners failed to establish any mala fides or violation of service conditions. (Paras 1-10) B) Co-operative Bank - Transfer - Service Conditions - The court examined the service conditions of the petitioners and found that the transfer policy of the bank permitted transfers. The petitioners did not demonstrate any specific bar in the service rules against transfer. Held that the transfers were valid and within the employer's authority. (Paras 1-10)
Issue of Consideration
Whether the transfer orders issued by the Chandrapur District Central Co-operative Bank Ltd. transferring the petitioners from one branch to another are illegal and violative of their service conditions.
Final Decision
All writ petitions are dismissed. The transfer orders are upheld.
Law Points
- Transfer policy
- Service conditions
- Co-operative bank
- Writ jurisdiction
- Employer's right to transfer
