No transfer at staff unions’ behest: Himachal HC

Legal Correspondent

Shimla, October 12

The High Court has taken a serious note of the issue of transfer of employees on the recommendations of office-bearers of employee unions of boards and corporations. It has directed that henceforth, boards, corporations or other institutions would not entertain, much less consider and decide, the recommendations of any employee association or union for non-consensual transfer of employees.

A Division Bench comprising Justice Tarlok Singh Chauhan and Justice Satyen Vaidya stated that any employee association or union in the state resorting to such a practice would be liable to be de-recognised and disqualified for all intents and purposes.

The court passed the orders on a petition filed by an employee of the HP State Electricity Board alleging that office-bearers of the HP State Electricity Board Ministerial Service Association had recommended his transfer. He urged the court to initiate appropriate proceedings against the office-bearers for interfering with the working of the board by making requests or proposals to transfer the petitioner and other employees.

The court observed, “We are appalled by the gross indiscipline existing in the board where members of different employee associations or unions have been addressing communications directly to the Chief Minister, being oblivious of the conduct rules or intentionally ignoring them. This practice requires to be discontinued forthwith”.

The court said, “What is more distressing is that the employee associations or unions are acting as extra-constitutional authorities and are making recommendations for non-consensual transfers, especially of their opponents”.

The court disposed of the petition and directed that a copy of the order be sent to the Chief Secretary for circulating this to all departments, boards and corporations.

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