Standing Orders

Trasnfers:

Section 2(e), 2(g), 3, 4, 10, 12, 13 and 14, Secheme of the Act- As per Section 3 every employer of an industrial establishment as defined in section 2(e) is under obligation to submit the certifying officer the Draft Standing orders proposed to be adopted by him in his industrial establishment. Section 3(2) clearly provide that the Standing Orders are required to cover every matter set out in the schedule. Section 4 of the Act casts duty upon Certifying Officer to ensure that the proposed standing orders meet the requirement of law significantly section 3(2) grant enough freedom to every employer to depart from the model standing orders in the interest of exigencies of employment. In fact of instant case the petitioner has been transferred from Hyuderabad to Chennai. Held the order of transfer is not only in confority with the Standing orders but also according the contract of employment which clearly provided that the employee could be transferred to any of the establishments unit, and the validity of such provisions can not be questioned in petition under Article 226 of the Constitution of India, more so when the matter contains a private contract of employments. Leading Apex Court case referred . Writ petition dismissed. Tansferrability of an employee from one post to another, from one department to another or from one unit to another does not normally amount to violation of conditions of service. Transferrability of an employee is purely incidental to his employment itself. (FLR-2009-123-A.P.H.C.-880)