1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7244 OF 2009 M/s.Permanent Magnets Ltd. ....Petitioner V/s. Umashankar Pandey ....Respondent Mr.Jaiprakash Sawant for the Petitioner. Mr.Sushil Mahadeshwar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 1ST FEBRUARY, 2010. P.C. :- 1. I am not inclined to interfere with the impugned order. The Industrial Court has come to the conclusion that the transfer order was passed only to victimize the Respondent who had succeeded in several rounds of litigation against the Petitioner. The Industrial Court has set out the details of the litigation between the Petitioner and Respondent. There is no dispute as regards the fact of the litigations and the orders passed therein. 2. Further as noted by the Industrial Court, the Petitioner’s witness was not aware of any of the essential aspects of the litigation. He was not even aware of whether or not a unit at Daman where the Respondent was transferred, had been closed. 3. Pursuant to an interim order, the Respondent has been 2 assigned to the Petitioner’s factory at Borivali. It was contended that due to recession, there is no work even in the Borivali factory. The Respondent denies the same. He submits that there is adequate work in Mumbai. If that be so, the Petitioner is always at liberty to pass a fresh transfer order. The same, would naturally be without prejudice to all the rights and contentions of the parties. The Writ Petition is accordingly disposed of.