1 wp 5446.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5446 OF 2011 Balasaheb Eknath Borawake and others .. Petitioners Versus Secretary, Sanjiwani Rural Education Society and another .. Respondents Shri S. R. Choukidar, Advocate for Petitioners. Shri V. D. Hon, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 27TH JULY, 2011. PER COURT : . The present petitioners are the employees of the respondent No. 1, working since the year 1989 as Security Guards/Watchman. The petitioners are transferred by order dated 22.02.2011 at Gat No. 1103 Adgaon, Dist. Nashik. The petitioners are presently serving at Kopergaon with the respondent No. 1. The petitioners assailed the said transfer order dated 22.02.2011 before the Industrial Court, Ahmednagar. The petitioners also filed an application for interim order seeking stay to the said transfer order. The Industrial Court rejected the 2 wp 5446.11 said application for interim relief against the same, the petitioners approached this Court. This Court allowed the writ petition and remanded the matter back to the Industrial Court for considering the matter afresh. After remand the Industrial Court again dismissed the application (U-2) for interim relief. Aggrieved thereby the present writ petition is filed. 2. Shri Choukidar, the learned counsel for petitioners submits that while passing the impugned order the Industrial Court has not considered the directions given by this Court in Writ Petition No. 3523/2011 dated 05 th May, 2011, wherein this Court had directed the authorities to look into the grievance about the unfair labour practice under Item 3 and about the allegations of the petitioners regarding joining union and protest against the harassment by the employer. The learned counsel contends that at the place where they are being transferred, there are no basic amenities and such transfer is on the count of victimization only. According to the learned counsel, the petitioners are singled out. The learned counsel further contends that even the transfer order though states that it is for temporary period, does not state the tenure of the said transfer. 3. Shri Hon, the learned counsel for the respondent No. 1 3 wp 5446.11 submits that the Industrial Court has properly considered all the aspects. The transfer is instance of service. The petitioners are working at Kopergaon since 1989 and this is for the first time in the year 2011 they were transferred. Even they are being paid with special allowance as is evident in the transfer order. Upon a query being made regarding the period of transfer, Shri Hon, the learned counsel on instructions submits that the said transfer is for a period of one year. The said statement is accepted. Shri Hon, the learned counsel further states that, transfer order is being communicated to the petitioners and copy of the same is handed over to Shri Choukidar, the learned counsel for petitioners. 4. In view of the fact that the transfer is for a period of one year only and it has been observed by Industrial Court that the malafides would not be attributed to such transfer and same is not on account of the fact that petitioners have joined the union or alleged protest against harassment, I do not see any reason to interfere with the impugned order. The writ petition as such is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/July 11