CAT stays transfer of 9 ESI employees

Chandigarh, June 13

Once the employee transfer policy is under review by a competent authority, issuance of transfer order on the basis of the same is not justified. The Central Administrative Tribunal (CAT), Chandigarh Bench, while observing this has stayed the transfer of 9 employees working at the regional office of the Employees State Insurance Corporation (ESIC), Chandigarh.

The tribunal comprising Suresh Kumar Batra, Member (J), has passed the order on the applications moved by the 9 employees against their transfer orders. The applicants said the draft transfer policy dated May 11, 2022, was under review by the ESI authorities.

The objections raised by the stakeholders have not been considered by the respondents (ESI) and they had finalised the draft transfer policy dated May 20, 2022. The same policy is also under challenge before the Coordinate Mumbai Bench of this tribunal. The application was moved by the Maharashtra Region ESIC Union.

The applicants said the Mumbai Bench of CAT vide order dated April 15 had stayed the transfer orders passed on the basis of policy. The employees argued before the Bench that since the policy had been challenged by the Maharashtra Region ESIC Union and despite a stay the respondents were still relieving the employees in terms of transfer order dated March 11.

After hearing the arguments the tribunal said it was of the view that applicants herein were also entitled for the same relief as had been granted by the Coordinate Mumbai Bench of this tribunal and so the transfer orders had been stayed. The tribunal fixed the next date of hearing for July 19.