(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 10667 OF 2010 Municipal Council, Osmanabad, Through its Chief Officer, Yashwant s/o. Bhimrao Dange, Age : 32 years, Occupation : Service, R/o. Quarter of Municipal Council, Osmanabad, Taluka & District : Osmanabad. .. Petitioner. versus Mainoddin s/o. Umadraj Inamdar, Age : 54 years, Occupation : Service, R/o. Ismail Shaikh, Khawaja Nagar, .. Respondents Galli No.25, Osmanabad, (Complainant) Taluka & District : Osmanabad. ....................... Mr. R.V. Naiknavare, Advocate, for the petitioner. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 5TH JANUARY 2011 COURT'S ORDER : 1. The Industrial Court has found that the respondent, working as Peon, has not been transferred on equivalent post. It has, therefore, exercised jurisdiction available under Items 3 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. 2. After hearing the learned Counsel appearing for the petitioner, I do not find that any jurisdictional error or perversity is committed by the Industrial Court. The learned Counsel for the petitioner has attempted to urge that the post of Peon and post of Majdoor are equivalent and in any case, in the same cadre. Support is sought to be taken from the impugned order of transfer dated 9-8-2007. Such order of transfer itself cannot be a proof and there are no pleadings of any earlier such transfers or placements. 3. Hence, I am not inclined to interfere in exercise of writ jurisdiction. However, it is made clear that this order shall not operate as a precedence and the Municipal Council shall be at liberty to raise appropriate defence in appropriate cases. (3) 4. In the result, Writ Petition is dismissed. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp10667