:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7833 OF 2008 WRIT PETITION NO. 7833 OF 2008 WRIT PETITION NO. 7833 OF 2008 The Janlaxmi Co-op. Bank Ltd. ..Petitioner versus Ashok Baburao Kamlakar & Anr. ..Respondents Ms. Rita K. Joshi for the Petitioner. Mr. M. S. Karnik for the Respondent No. 1. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 4TH MARCH, 2009 DATE : 4TH MARCH, 2009 DATE : 4TH MARCH, 2009 P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. The petitioner has challenged the Order of the Industrial Court holding that the transfer of the respondent No. 1 amounts to unfair labour practice. 3. The learned counsel for the petitioner submits that the entire finding is based only on some documentary evidence which also does not show any malafide. The learned counsel for the :2: respondent No. 1 submits that the respondent No.1 has been singled out for transfer because he was the active member of the Union who has participated in strike. 4. Having considered the matter, it appears that there is grossly inadequate material before the Industrial Court to come to the conclusion that the transfer is malafide. It was not permissible for the Industrial Court to infer the existence of malafide only on the basis of some documents. In the circumstances, the impugned order is liable to be set aside and is hereby set aside. The matter is remanded back to the Industrial Court for a fresh decision in accordance with law after opportunity is given to the parties to lead oral evidence. The Industrial Court shall decide the matter not later than three months from the date the parties appear before it. Parties are directed to appear before it on 30.3.2009. 5. Rule is made absolute in the above terms. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)