No transfers to be done at behest of staff unions: HC

Legal Correspondent

Shimla, November 15

The High Court has again expressed concern on the issue of transfers being done on the recommendation of the office-bearers of the employees unions of boards and corporations. The High Court has reiterated that henceforth the boards, corporations or other institutions of the state will not entertain, much less consider and decide, the recommendations of the employees associations or unions for non-consensual transfers of their employees in the state.

The order

Boards and corporations will not entertain the recommendations of the associations or unions for non-consensual transfers of state employees

The court passed the order on a petition challenging the order of the withdrawal of the petitioner's posting as Assistant in-charge Driver Duty by the HRTC.

A Division Bench comprising Justice Tarlok Singh Chauhan and Justice Satyen Vaidya observed that "this is yet another glaring example of employees' unions/associations making recommendations and getting done non-consensual transfers of employees of the HRTC despite repeated orders of this court.

The court was dealing with the question that whether the order of transfer can be sustained when the same has admittedly been carried out on the basis of the complaint made by one of the unions, namely the Bharatiya Mazdoor Sangh (BMS).

The court observed that "we are appalled by the gross indiscipline existing in the HRTC where members of different employees' associations or unions are acting as extra constitutional authorities and not only making but also getting effected recommendations for non-consensual transfers, especially, of their opponents".

The court rejected the petition stating that "the conduct of the petitioner himself has not been above board as he himself been pulling strings and involving various unions, including the Drivers and Conductors Union, as a shield to sub-serve his own purpose. Not only that, the petitioner had met with the president of the Mandi BJP with a request that he may be posted on drivers' duty, which clearly goes to indicate that the petitioner has no faith in the judicial system".

The court observed "having resorted to extra constitutional methods for quashing the order of transfer, the courts have no room for litigants like the petitioner, who has no faith in the judiciary".

Courtesy: Tribune News Service

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