Bombay High CourtWP/9/2019dismissedrule discharged

Arun S/O Narayan Sanap v. Maharashtra State Road Transport Corporation, Thr. Its Divisional Controller, Yavatmal And Another

2019-02-26Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.9/2019 Arun S/o Narayan Sanap ..V/s..

Maharashtra State Road Transport Corporation, Yavatmal and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.V. Jagdale, Advocate for the petitioner. Shri S.C. Mehadia, Advocate for respondent Nos.1 and 2. CORAM : Z.A. HAQ, J.

DATE : 26.2.2019.

Heard.

The petitioner is transferred from Yavatmal Division to Buldhana Division. This order is challenged by the petitioner before the Industrial Court by filing complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971. In these proceedings, the petitioner had filed an application praying for interim relief i.e. stay to the effect, operation and implementation of the transfer order. This application praying for interim relief is dismissed by the Industrial Court by the impugned order.

In paragraph No.9 of the impugned order, the Industrial Court has recorded that the documents filed on record show that the petitioner is a habitual defaulter and is violating administrative orders issued by the

2 wp9.19 superiors. Learned Advocate for the respondent / corporation has submitted that even after disposal of the application filed by the petitioner praying for interim relief and though this Court has not granted any interim order in this petition, the petitioner has not joined at the place of his transfer.

Learned Advocate for the respondent / corporation has further pointed out that the petitioner is transferred as per the policy of the corporation incorporated in the circular dated 22nd February, 2018. After examining the material placed on record and going through the impugned order, I find that the Industrial Court has not committed any illegality or error of jurisdiction which necessitates interference by this Court in the extraordinary jurisdiction. The writ petition is dismissed. No costs.

JUDGE Tambaskar.