Kamlakar S/O Sudamji Surjuse v. Maharashtra State Road Transport Corporation, Thr. Divisional Controller, Amravati And ANR

2023:BHC-NAG:13608 1 12wp5594.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5594 OF 2023 [Kamlakar s/o Sudamji Surjuse .vs. Maharashtra State Road Transport Corporation, Amravati and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Manjushri Chincholkar, Advocate h/f Shri C.V. Jagdale, Advocate for the petitioner.

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C ORAM : ANIL S. KILOR, J.

D ATE : 11.09.

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1.

The petitioner, who is working as a Conductor in the respondent-corporation, was transferred vide order dated 29.10.2018 and 02.11.2018 from Chandur Bazar (Amravati Division) to Buldhana Division.

2.

A complaint came to be filed thereupon under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 before the Industrial Court, Amravati. The same came to be dismissed vide judgment and order dated 30.06.2023. Hence, this writ petition. 3.

While rejecting the complaint, the learned Industrial Court has held that after setting aside the order granting stay, by this court, passed by the Industrial Court, there was no stay to transfer for five years. Moreover, the court has considered that from 2012 to 2017, the complainant was involved in total 14 cases of misconduct and that was one of the reasons for transfer of the petitioner.

2 12wp5594.23.odt 4.

Thus, considering the reasons recorded by the learned Industrial Court, I do not find any ground for interference available in this writ petition. Accordingly the writ petition is dismissed.

(ANIL S. KILOR, J.) Gulande