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february 1960

Supreme Court of India · 1960-02-09

M/S KUNDAN SUGAR MILLS vs ZIYAUDDIN AND OTHERS.

Citation / case number
SC 1957/60032
Court
Supreme Court of India
Petitioner
M/S KUNDAN SUGAR MILLS
Respondent
ZIYAUDDIN AND OTHERS.
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the right to transfer an employee from one establishment to another is not an implicit term of every contract of service unless expressly stated. In this case, the transfer of four workmen from Kundan Sugar Mills to a newly acquired mill was deemed illegal as there was no express or implied agreement allowing such a transfer. The Court upheld the Labour Appellate Tribunal's decision to reinstate the workers, emphasizing that the employer's right to transfer is limited by the terms of the employment contract.

M/S KUNDAN SUGAR MILLS vs ZIYAUDDIN AND OTHERS. · Niyam