Law At Work Q & A

I am working in a factory owned by a private company. The company has a set of certified standing orders which are applicable to all the workers in the factory. At the time of my appointment the company had made me sign an employment contract according to which the company can change my department and transfer me anywhere in India. However, the certified standing orders do not allow the company from transferring me to any other department. Please let me know whether the company can transfer me to another department or not.

Please note that under the Industrial Employment (Standing Orders) Act, 1946 ("Standing Orders Act") the certified standing orders have statutory force. The standing order implies a contract between the employer and the workman. Therefore, the employer and the workman cannot enter into a contract overriding the statutory contract as embodied in the certified standing orders unless the same is done by way of modification in the standing order as