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ARTICLE · 09 MARCH 2021

Labour Law Case Summary (Half-Yearly Update): Part 3

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Whether the transfer order of an employee during the pendency of an inquiry before the internal committee of the company, is penal in nature?

IndiaEmployment and HR
Arka Majumdar
Arka Majumdar
Avin Sarkar
Avin Sarkar
Juhi Roy
Juhi Roy
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A. Case Laws under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

1. Whether the transfer order of an employee during the pendency of an inquiry before the internal committee of the company, is penal in nature?

In the matter of Saikuttan. O.N v. Kerala State Electricity Board Limited, [WP(C).No. 12087 of 2020 (I) decided on August 11, 2020], the Kerala High Court, while relying on the decision of the Division Bench of the Kerala High Court in the matter of Gopinathan M. v. State of Kerala, [2014(4) KHC 315], held that, if the transfer of an employee has been done in the interest of the company and other female employees of the company, then such a transfer cannot be said to be a punitive transfer.

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