Bombay High CourtWP/2201/2017dismissedrule discharged

Krushna S/O Sadashivrao Thakre v. Katol Nagarik Sahakari Pat Sanstha Mary., Katol Thr. President, Nagpur And Others

2019-01-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp2201.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2201 OF 2017 (KRUSHNA SADASHIVRAO THAKRE....VS.. KATOL NAGARIK SAHAKARI PAT SANSTHA MARYADIT & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.R.Joharapurkar, Advocate for Petitioner. Shri F.I.Khan, Advocate for Respondent No.1.

Shri Sagar Ashirgade, A.G.P. for Respondent No. 3. CORAM : Z.A.HAQ, J.

DATED : JANUARY 09, 2019.

Heard.

The petitioner(employee) has challenged the order passed by the Industrial Court, rejecting the application filed by him under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. By this application the petitioner had prayed that the order by which he is transferred from the post of Manager to the post of Chief Recovery Officer in the same office, be stayed.

After going through the impugned order, I find that the Industrial Court has dealt with all the relevant aspects exhaustively and has rightly recorded that the interim relief prayed for by the petitioner cannot be granted at this stage unless the petitioner proves that by the impugned transfer order, he is reverted.

I see no reason to interfere with the impugned order. The writ petition is dismissed. In the circumstances, the parties to bear their own costs.

2 wp2201.17 At this stage, the learned advocate for the petitioner (employee) has prayed that the Industrial Court be directed to dispose the proceedings expeditiously. It is further submitted that the petitioner is not being paid his regular salary.

The petitioner (employee) will be at liberty to move appropriate application before the Industrial Court about his grievance regarding non-payment of regular salary and if such application is filed, the Industrial Court shall decide it within one month from the date of its filing. Further the Industrial Court is directed to dispose the main proceedings till 30th January 2020.

JUDGE RRaut..