1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4352 OF 2009 Bhagwan Narayan Kalyankar ...Petitioner (Orig.Complainant) vs. Panvel Municipal Council & Anr. ...Respondents (Orig.Respondents) Mr.Shriniwas S. Patwardhan for the Petitioner. Mr.S.R. Nargolkar for the Respondents. CORAM : V.M. KANADE, J. DATED : JUNE 23, 2009 P.C. :- 1 Heard Counsel for both the parties. 2 The petitioner is challenging judgment and order dated 2nd March, 2009 passed by the Industrial Court in Complaint (ULP) No.478/2008. The Industrial Court was pleased to reject the application filed by the petitioner herein for interim relief in the main complaint. 2 3 Brief facts are that the petitioner was working as an Accountant with the Panvel Municipal Council, respondent herein and he was transferred as the Head of Water Tax Recovery Department. It is submitted that as a result of the said transfer, the petitioner, in fact, has been demoted and the service conditions are not the same and as such, the respondents have committed unfair labour practice under Item 9 of Schedule IV of the Act. The respondents have their reply and in the reply, they have categorically contended that the due to administrative exigencies, the petitioner has been transferred to the post of Heard of Water Tax Recovery Department. It is specifically stated that the service conditions and the pay scale in respect of both these posts are same and as such, since the post of an Accountant is a transferable post, the order of transfer was legally just and proper. The Labour Court refused to interfere with the said order in view of the reply filed by the respondents 3 herein. The respondents also have raised an issue that the petitioner herein is not the workman since he was working in the post of Accountant which is supervisory post and hence, he is not a workman within the meaning of the said Act. 4 In my view, in view of the reply filed by the respondents and since admittedly, the petitioner is receiving the same pay scale and the service conditions are not changed, no case is made out for interfering with the order passed by the Industrial Court. 5 Writ Petition is dismissed. The hearing of the complaint, however, is expedited. (V.M. KANADE,J.)