1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4786/2009 (Mah. Labour Welfare Board and another ..vs.. Ganesh Pande and another) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 07, 2009 Heard Advocate Miss K.K.Pathak for petitioners and Advocate Shri S.N.Dandekar for respondent No.1. Learned Member of Industrial Court has stayed transfer of respondent No.1 from Nagpur to Akola. The transfer is within one year of his transfer to Nagpur from Akola. The petitioner is not in a position to point out any administrative exigencies or exceptional circumstances, which warranted said transfer within one year, particularly when application of provisions of Maharashtra Government Servants Regulation of Transfer and Prevention of Delay in Discharge of Official Duties Act, 2005, is not in dispute. By placing reliance on Judgment of Division 2 Bench of this Court, it is pointed out by learned counsel that in special circumstances, the transfer before completion of three years is also permitted. However, such special circumstances are not pleaded at all by the petitioner before Industrial Court. The complainant (present respondent No.1) has pointed out before Industrial Court that his employer has gone out of the way to accommodate respondent No.3. Learned counsel for petitioner has stated that the respondent No.3 was working on lower post i.e. on the post of Superintendent at Akola and her transfer has nothing to do with the transfer of respondent No.1 from Nagpur to Akola. In view of this position, it is apparent that difficulties faced by respondent No.3 are not at all relevant and cannot be the reason for transferring respondent No.1 from Nagpur to Akola. Learned Member of Industrial Court has found that the transfer of respondent No.1 to Akola was on lower post. The said finding does not appear to be correct because the transfer order clearly shows that he has been transfered on same post and in addition, he has to look after the lower post of Superintendent. Said position is also clarified on affidavit in writ petition by the petitioners. The contention of Advocate Shri Dandekar that respondent No.1 has not been given any officiating 3 allowance, is not relevant for consideration at this stage. As transfer of respondent No.1 and respondent No.3 are to be viewed independently, it is apparent that no special circumstances which necessitated transfer of respondent No.1 to Akola, are brought on record. In the circumstances, I do not find it necessary to interfere with the discretion exercised by the Industrial Court in the matter. However, as the matter pertains to transfer, the proceedings before the Member, Industrial Court, in pending ULPN Complaint No.404/2009, are expedited. Learned Member, Industrial Court, Nagpur is directed to decide the said ULPN complaint as early as possible and in any case by 28th February, 2010. With these directions, writ petition is disposed of. No order as to costs. JUDGE Diwale.