HEMANT GUPTA,J. - (1.) The challenge in the present appeal is to an order passed by the High Court of Judicature at Bombay on 21 st January, 2014 whereby the writ petition filed by M/s. Wockhardt Ltd. (for short, 'employer') was allowed and the order passed by the Industrial Court on 6 th August, 2012 was set aside.
(2.) The High Court held that the transfer of the appellant (for short, 'employee') was as per the terms and conditions of employment. It was held that the employer had to decide who should work at particular place and who was to be transferred to another place in the interest of establishment. It was also held that the employee had failed to challenge the termination order dated 15th April, 2005.
(3.) Brief facts leading to the present appeal are that the employee was appointed on 6th June, 1985 as a Professional Service Representative and was posted at Sagar, Madhya Pradesh. Thereafter, he was promoted to Field Sales Officer Grade FM-One. One of the conditions in the letter of appointment was that the employer shall be entitled, at any time during the course of employment, to transfer the employee to any of its affiliates, subsidiaries or sister companies. The employee was transferred to Mumbai on 21st March, 2005 with immediate effect. The employee did not join duty at Mumbai; therefore, reminders were sent by the employer on 1st April, 2005 and 8th April, 2005. The service of the employee was terminated on 15th April, 2005.;