1 WP5152.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5152 OF 2010 KJ Dr. Ashok Namdeo Ghatge )..Petitioner Vs. Ichalkaranji Municipal Council )..Respondent ­­­­ Mr.V. A. Sugdare for the petitioner. Mr.Tejpal S. Ingale for the respondent. ­­­­ CORAM : MRS.MRIDULA BHATKAR,J DATE : 4/7/2011. PC 1 The petitioner is appointed as a Medical Officer by the respondent. He has filed this writ petition challenging the order passed by the Member, Industrial Court, Kolhapur, dated 30.6.2009 partly rejecting the complaint filed by the petitioner. Petitioner who has worked as a Medical Officer in the Family Planning Centre for 15 years, is transferred and has been working in OPD since 2005. The main grievance of the petitioner is such transfer. He 2 WP5152.10.sxw also claims that while transferring, the respondent has followed unfair labour practices under item nos.3, 5, 9 & 10 of Schedule IV of MRTU & PULP Act 1971. 2 Perused the order passed by the Member, Industrial Court, Kolhapur dated 30.6.2009. The learned Member has considered all the allegations and the points raised by the Complainant. The transfer without malice cannot be considered as unfair labour practice. The petitioner could not show provision that he has right to receive non­practitioner allowance. Hence 1st Industrial Court has rightly held that the petitioner could not establish his claim of unfair labour practice under relevant items of Schedule­IV of MRTU & PULP Act 1971. No illegality is found in the said order. Hence, not admitted. Rejected. (MRS.MRIDULA BHATKAR,J)