IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.299 OF 2009 IN WRIT PETITION NO.8432 OF 2009 Trimurty Industrial Co-operative Society Ltd. ... Appellant Versus Shri Bhibhishan V. Kambale ...Respondent Mr. A.D. Patwardhan for the appellant. Mr. Bhavesh Parmar for the respondent. CORAM : ANIL R. DAVE, C. J. & S.C. DHARMADHIKARI, J. DATED : 30TH MARCH, 2010 P.C. Being aggrieved by an interim order passed by the Industrial Court, Pune below interim applications at Exhibits U-2 and U-10 in Complaint (ULP) No.231 of 2008, the present appellant had filed Writ Petition No.8432 of 2009. The said petition has been rejected and therefore, the appeal has been filed by the original petitioner. 2. The respondent-workman working as a watchman had been frequently transferred and, therefore, he had ventilated grievance before the Industrial Court. During the pendency of the litigation, he has been protected and, therefore, the appellant-employer had challenged the interim order before the learned Single Judge in the aforesaid petition. 3. It is the fact of the case that the learned Single Judge did not find it appropriate to interfere with the interim order passed by the Industrial Court. 4. Looking to the peculiar facts of the case, we also feel that this court should not interfere in the appeal especially when it has been found that the watchman had been frequently transferred from one place to another. The question whether the respondent-watchman can be transferred or not is not decided and it would be open to the appellant- employer to lead evidence to show that the respondent-watchman had been transferred in accordance with the service conditions. 5. In the circumstances, appeal is dismissed. No order as to costs. 6. It would be open to the appellant to submit an application to the Industrial Court for expeditious hearing and the learned advocate appearing for the respondent has assured this court that respondent shall give all co-operation so that proceedings shall be concluded at an early date. CHIEF JUSTICE S.C.DHARMADHIKARI, J.