Matter relating to Transfer of Physically Disable employee who is also the elected General Secretary of a Registered Staff Association

One employee working in Mumbai in a central autonomous body since last 20 years has suddenly been transferred to Delhi.

He is a physically disable person.

There is no transfer policy framed. So far none of the employees working either at Mumbai or Delhi have been transferred between each other. This is the very first case.

Important to note that he is the elected General Secretary of a Registered Staff Association, registered under Trade Union Act 1926 and affiliated with Confederation of Central Government Employees & Workers. He was targetted for the demand relating to immediate implemenation of medical scheme for employees.

The transfer order simply says that Mr. X is transferred to Delhi. The reason of his transfer has also not been mentioned in the order.

So whether a physically disable employee and who is even a General Secretary for a Registered Staff Association can be transferred like this ???

Pl check the appointment order, it may contain a clause for transfer. If the clause is there then transfer cannot be objected. There is no mandatory requirement that a physically handicapped employee cannot be transferred, similarly there is no statutory requirement that a union office bearer cannot be transferred unless such employee is a 'Protected Workman'as per ID Act 1947 and there is a mutual understanding between management & union regarding this. If there is an Industrial dispute pending adjudication, the service conditions of the protected workman cannot be varied.
Courts have repeatedly held that transfer is an administrative requirement and has to be there in exigencies of service.