bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6255 OF 2008 PETITION NO. 6255 OF 2008 PETITION NO. 6255 OF 2008 Smt.Asha Kasinath Sangale ... Petitioner v/s Deputy Director, Health Service, Pune Circle, Pune. ... Respondent Mr.Dilip Bodke for the petitioner. Mr.A.P.Vanarase, A.G.P. for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 8TH SEPTEMBER, 2008 8TH SEPTEMBER, 2008 8TH SEPTEMBER, 2008 P.C. P.C. P.C.: 1. The Industrial Court has dismissed the interim relief application filed by the petitioner against the transfer of her services from Rural Hospital, Vaduj to the General Hospital, Satara. A contention has been raised in the written statement that since the petitioner is a Government employee she is not covered by the Industrial Disputes Act but would have to approach the Maharashtra Administrative Tribunal for redressal of her grievance. This issue has not been framed by the Industrial Court while deciding the interim application. 2 2. The Industrial Court has found that, prima facie, the petitioner has not made out any case. In my view, it is not necessary for me to go into the aspect as to whether the order of the Industrial Court is correct unless the Industrial Court first decides whether it has jurisdiction over the dispute involved in the complaint. 3. The Industrial Court will decide whether it has jurisdiction to entertain the complaint filed by the petitioner. That decision shall be taken within a period of three months from today. In the event the Industrial Court decides that it does have jurisdiction to entertain the complaint, the petitioner may make an application for interim relief at that stage. That application will be decided on its own merits without reference to the impugned order. 4. Writ petition disposed of accordingly.