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Section 9A of the ID Act shall be attracted if transfer would result in the change of service conditions and reduction of employees – Supreme Court

November 5, 2021

Section 9A of the ID Act shall be attracted if transfer would result in the change of service conditions and reduction of employees.

Rejecting the contention of the employer that transfer was a service condition, the Hon’ble Supreme Court held as follows:

“7.8 Now, so far as the submission on behalf of the appellant that so far as the transfer is concerned, it is part of the service conditions and therefore Section 9A shall not be applicable is concerned, the same has no substance. The question is not about the transfer only, the question is about the consequences of transfer. In the present case, the nature of work/service conditions would be changed and the consequences of transfer would result in the change of service conditions and the reduction of employees at Dewas factory, for which the Fourth Schedule and Section 9A shall be attracted. ”

 

Copy of the judgement

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