Transfer to Bangalore
9 months ago
I have given transfer order on 19.07.2023 mentioning transfer to Bangalore (which around 1300 km away from my place) from 24.07.2023. I have been working under same organisation since last 11 years. it is a private organization have various branches PAN India
I am unmarried women staying with my parents who is senior citizens. My father currently also suffering from health issues.
My appointment letter mentioned it is transferable job and can be transferred to any where in India however is also mentioned female staff members would be posted in nearest major cities if suitable posting is not available to them in existing or nearby major cities if suitable posting is not available to them.
Also I am suffering from medical issue.
I made request to HRD for reconsideration of my transfer however they didnt accepted it. thenafter I wrote the same letter to our managing director and chairman, However they didnt provide me any reply.
Currently I am on leave
Please suggest what can be done further
Transfer/Replacement of employees from one place to another is a normal incidence of service life and basic terms of employment apart from others and is treated as a prerogative of the management. Even the Courts did not interfere with the subject if there is no cause of victimization or mala fide intention or unfairness concerning the order of transfer observed on the face of the record. So, logically and legally an employee cannot deny a transfer order of the management as a matter of right. Instead, if allowed or permitted by the management, you may try for a mutual transfer between you and the concerned employee who agree with your proposal for mutual transfer at the place of your transfer considering the convenience of each other. You can also approach the higher authority stating your health issues and aged parents for review of the decision of transfer to nearby places failing which you approach the Concerned Labour Commissioner praying for their intervention into the matter to mitigate your crisis.
If transfer is mentioned in your contract of employment, you can definitely seek one. If the company is not responsive you have the following remedies-
1. Approach the Labour Commissioner: can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract is attached to the complaint filed before the labour commissioner.
2. Approach the Labour Court: If the labour commissioner fails to provide a solution, then you can approach the labour court.