1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No. 5599 of 2007 [M.B. Uikey Vs. MSEB & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.K. Tambde, Advocate for the petitioner. ----- CORAM : A.H. JOSHI, J. DATE : 11th December,2007. 1. Heard. 2. The petitioner is challenging the order passed by the Labour Court and Authority under the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act dismissing the petitioner's complaint. In the said complaint, petitioner had challenged the order of transfer dated 2nd September, 2005 [Annex.J to the petition]. 3. The ground of challenge is that the transfer order was issued by Deputy Executive Engineer, while the transferring authority is Executive Engineer. The petitioner's submission is based on the contents of transfer order issued by Executive Engineer. According to him, further direction contained in said order dated 2 31st May, 2005 at page 22 [Annex.B] states that Executive Engineer may give him further posting. Based on this, according to petitioner, the Executive Engineer alone is the transferring authority. 4. The petitioner had not placed on record before Industrial Court or even before this Court any material to show that the transfer order being issued by Deputy Executive Engineer is without authority and hence a malafide transfer and, therefore, unfair labour practice. 5. This Court finds that in absence of any such material referable to objection dealt with in paras 3 and 4 above, the Industrial Court was right in dismissing the complaint. 6. There is no error of law or jurisdiction creeping in while Industrial Court passed the order which is impugned in this petition. 7. In the result, petition does not have any merit. 8. Petition is, therefore, dismissed. Judge |Hedau|