1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2693 OF 1991 WITH WRIT PETITION NO. 2822 OF 1991 Maharashtra State Electricity Board ...Petitioner Versus 1. Sirajoddin s/o Hafizuddin 2. Sadullah s/o Noorshah Sayed ...Respondents ..... Mr. H. T. Joshi, advocate for the petitioner None for the respondents, though served. ..... CORAM: S.S. SHINDE, J. DATED: 8TH JANUARY, 2010 PER COURT:- 1 These petitions take exception to the order dated 26.6.1991 passed by the Industrial Court, Aurangabad thereby staying the transfer orders dated 21.6.1991 and 18.7.1991, issued by the petitioner herein to the respondents. It is not necessary to repeat the facts, since the said have been narrated in the petitions extensively. 2 Learned counsel appearing for the petitioner made two fold submissions. His first submission is that the Industrial Court has no 2 jurisdiction to entertain the complaints in the transfer matters. The respondents herein are working in managerial capacity and the person employed in managerial, administrative, supervisory or technical capacity drawing basic pay excluding allowances exceeding Rs.1000/- per month, cannot file complaint before the Industrial Court, therefore, in the submission of the learned counsel, the Industrial Court had no jurisdiction to entertain the complaints, which were filed by the respondents. 3 Learned counsel further submitted that the transfer orders were in routine manner. Nothing is on record to show that there was malafide intention in issuing the said transfer orders. Therefore, the court cannot entertain the complaints asking stay to the transfer orders. 4 Though respondents are served, none appears for them in both the matters. The transfer orders dated 21.6.1991 and 18.7.1991. The impugned order was passed by the industrial Court on 26.6.1991 and on 16.8.1991. It appears that by efflux of time, the respondents are retired from services and the point involved in the petitions is only about transfer of the respondents, which were stayed by the Industrial Court. The submission made by the counsel for the petitioner is required to be accepted. The Industrial Court had no jurisdiction to entertain the complaints and further to stay the transfer orders, as the 3 same were in routine manner for administrative convenience, therefore, the petitions succeed. 5 In the result, petitions are allowed in terms of prayer clauses “C”. Rule is made absolute. W.P. disposed of. ( S.S. SHINDE. J.) rlj/