1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3762 OF 1991 The Dean, Medical College, Aurangabad and Another ...Petitioners Versus National Association of Medical Hospital Employees Aurangabad and Anr ...Respondents ..... Mr. R.P. Phatke, advocate for the petitioners None for the respondents ..... CORAM: S.S. SHINDE, J. DATED: 8TH JANUARY, 2010 PER COURT:- 1 This petition takes exception to the order passed by the Industrial Court, Aurangabad on 26.10.1988, in complaint (ULP) No. 120 of 1987. The respondents herein aggrieved by the transfer order, filed complaint before the Industrial Court, Aurangabad. The Industrial Court entertained the complaint, passed the interim order thereby staying the transfer. The learned A.G.P. appearing for the petitioner submitted that the Industrial Court has no jurisdiction to entertain the complaint filed by the respondent, who was working as Sanitary Inspector, when he was transferred by the petitioner employer. According to the learned A.G.P. the services of the 2 respondent are governed by the Maharashtra Civil Services Rules 1979, therefore, learned A.G.P. would submit that the order passed by the Industrial Court, impugned in this petition, is without jurisdiction and therefore on this ground alone, the order deserves to be set aside. 2 Though the respondents are served, none appears for the respondent. It appears the order impugned in this petition is relates only to the transfer of the respondent, however, the petitioner is more aggrieved for the reason that the Industrial Court has entertained the complaint filed by the respondent, though it has no jurisdiction to entertain the same. I find considerable substance in the arguments advanced by the learned A.G.P. On perusal of the definition of workman under section 2(s) of the Industrial Dispute Act, 1947, it clearly appears that the respondent’s services are not covered under the said Section. Since the respondent was working as Sanitary Inspector, necessarily the services were governed by the Maharashtra Civil Services Rules. Since the respondent was Government employee and appropriate remedy was somewhere else to challenge the transfer order. Therefore, the impugned order passed by the Industrial Court was without jurisdiction and thus, the same is quashed and set aside. Writ petition is allowed in terms of prayer clause “b”. Rule is made absolute. ( S.S. SHINDE. J.) rlj/ 3