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| Govt employees can't be transferred forcefully: SC | | | New Delhi | Oct 13
The Supreme Court has held that government employees cannot be transferred to the private sector in the event of sale of state-owned companies.
Such transfers could be done only with the consent of the employees, a bench comprising Justices Tarun Chatterjee and P Sathasivam said on a petition from BALCO Captive Power Plant Mazdoor Sangh seeking to restrain NTPC from transferring them to Sterlite group after the sale of BALCO in 2002.
"The government cannot alter the conditions of service of its employees and any such alteration causing prejudice cannot be effected without affording opportunity of pre-decisional hearing and the same would amount to arbitrary and violative of Article 14," the apex court stated.
The bench, while setting aside the Chhattisgarh High Court judgment that dismissed the employees' petition, said, "The transfer of employees from NTPC, a PSU, to BALCO, which is a private organisation is bad in law. We are satisfied that the employees have made out a case for continuing their service in NTPC. All employees are to be retained in NTPC," it said
The terms and conditions lead to an irresistible conclusion that NTPC was their employer in all purposes, Justice P Sathasivam, writing the verdict for the bench, stated, adding that the employees were not heard before changing their service conditions. |
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