WP/6681/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6681 OF 2010 The Nashik Merchants Co-op. Bank Ltd. ... Petitioner V/s. Anil Nivrutti Rajbhoj & anr. ... Respondents Mr.K.S. Bapat i/b M/s.Desai & Desai Asso. for Petitioner Mr.M.S. Topkar for Respondent No.1 Respondent No.2 - formal party CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 18, 2010 P.C.: 1. This petition has been filed by the Bank challenging the order passed b y te Industrial Court staying the transfer of the respondent from Nashik to Surat. The respondent is employed as a Peon in the Nashik branch of the Petitioner bank. He is a member of the Cooperative bank employees’ union, Nashik. According to the respondent, many of the office bearers of this union have been transferred because the Chairman and other Directors of the Bank had an axe to grind as the Union had raised a charter of general demands. The respondent contended in his complaint that he had been transferred malafide on account of his trade union activities. 2. The Industrial Court has found that prima facie the transfer order was malafide and issued with an ulterior motive. The Industrial Court has found that when the respondent was appointed in 1991 the Bank had no branches outside the State WP/6681/2010 : 2 : of Maharashtra and there was no material on record to indicate that while accepting the terms of appointment the respondent had any knowledge that the bank would later become a multi-state cooperative bank and that his services would be transferred out of the State of Maharashtra. In my opinion, the order passed by the Industrial Court is not incorrect nor perverse. It has been sought to be argued on behalf of the bank that the service rules provided that an employee can be transferred. 3. Even assuming the service rules permit transfers of employees, the proceedings must be effected in accordance with law and that the transfer must be bonafide. The transfer of a peon from one State to another allegedly on the ground that a new branch is to be opened in Surat is in my opinion prima facie malafide. 4. Writ petition is therefore rejected.