Maharashtra State Cooperative Tribal Devpt. Corp. Ltd., Thr. Executive Director, Nashik And ORS v. Smt. Payal Vinod Nawade
143wp6686-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Writ Petition No.6686 of 2022 Maharashtra State Cooperative Tribal Devpt. Corp. Ltd., Thr. Executive Director, Nashik And Ors Vs Smt. Payal Vinod Nawade Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri D.P. Bhongade, Advocate for the Petitioner/s Shri N.R. Saboo, Advocate for the respondent-sole CORAM : ANIL S. KILOR, J.
DATED : 01.09.2023 1.
Heard.
2.
The Maharashtra State Co-operative Tribal Development Corporation/petitioner is the employer of the respondent-sole, who transferred the respondent/employee to Deori from Yavatmal on the administrative grounds. The respondent-sole approached to the learned Industrial Court, Yavatmal by filing the complaint, in which the learned Industrial Court stayed the transfer order of the respondent vide impugned order below application Exh.U-2, dated 18.08.2022, the same is under challenge in this petition.
3.
The learned Industrial Court has held against the petitioners on the ground that though the options were submitted by the respondent in relation to her transfer, those were not considered. The transfer is not as per the unification of husband and wife policy. Moreover, the fact that despite it was requested by the nd.thawre
143wp6686-2022.odt respondent to keep her at Yavatmal, considering one year old son of the respondent, she was transferred at a distance 300 k.m. away from her present posting.
4.
Considering the reasons recorded by the learned Industrial Court while granting stay to the transfer order, I do not find any error in the same to interfere with. Accordingly, the writ petition is dismissed.
5.
The learned Member Industrial Court, Yavatmal may expedite the complaint (ULP) No.37 of 2022 and decide the same in any case by 31.01.2024.
[ANIL S. KILOR, J.] nd.thawre