-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4794 OF 1997 The Government of Maharashtra & Ors. : Petitioners (Orig.Respondents) V/s. Shri Vithal Yallappa Jamboti & Ors. : Respondents (Orig.Complainants) ... Mr.C.R.Sonawane, Asstt. Govt. Pleader for the petitioners. None present for the respondents. ... CORAM : S.A. BOBDE, J. DATE : FEBRUARY 10, 2009. P.C. 1. The petitioners have challenged the order of the Industrial Court, Kolhapur, dated 30.1.1997 quashing the circulars by which the respondents were transferred. The respondents are members of the Union of Nurses. They filed a complaint before the Industrial Court alleging that the circulars under which they were transferred are illegal since they resulted in change in their seniority after 22 to 24 years of their service. The Industrial Court has upheld the contention of the complainants that the petitioners had not issued any notice to them regarding the loss of seniority that would ensue upon -: 2 :- their transfer. 2. Mr.Sonawane, the learned Asstt. Govt. Pleader for the petitioners, submitted that there was no question of issuing any notice since the respondents were aware that loss of seniority and promotion would be the consequence of transfer which was at their own request. The learned Asstt. Govt. Pleader has pointed out exh.‘A’ dated 15.1.1972 from which in respect of one of the respondents, it shows that transfer was at the request of the concerned Nurse and the circular made it clear that the Nurses concerned would not get an opportunity of promotion or travelling allowance, etc. Though there is no direct reference to giving up of seniority, there is substance in the contention that they would be giving up any chance of promotion and it is well-known that promotion is linked to seniority. Moreover, in respect of some other respondents, the learned Asstt. Govt. Pleader points out to the circular dated 12.8.1973 which contained an undertaking that the Nurse has agreed, upon transfer, to forego past service for the purpose of seniority. There is a categorical statement that the Nurse concerned agrees to be "junior-most-Staff Nurse, in the cadre to which I am transferred for the purpose of seniority." The learned Asstt. Govt. Pleader further points out to a specific undertaking of one of the respondents at page 23 of the -: 3 :- paper-book. Moreover, it is submitted on behalf of the petitioners that there is a circular on the basis of which such transfers are effected and that circular dated 21st September, 1974 makes it clear as follows:- "2) If the services are not transferable or if the transfer is from one department to another the married women employees will lose her seniority and will take her place below the junior most person in the cadre." It appears that this circular is also not considered by the Industrial Court. 3. In the circumstances, the finding of the Industrial Court that the circulars of transfer are bad because no notice was given to the employee Nurses before they were transferred is bad in law and suffers from non-application of mind. The impugned judgement order is, therefore, set aside. 4. Rule is made absolute in the above terms. No order as to costs. S.A. BOBDE, J.