wp9482of09.sxw 1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9482 OF 2009 Nagesh G. Angane .. Petitioner -versus M/s Godrej & Boyce Mfg. Co.Ltd & ors .. Respondent. Mr. M.D. Modgi, for the petitioner, Mr. J. P. Cama, Senior Counsel with Mr. Bharat Goyal, Shubha Cama, Atman Mehta, Deepika Borade and Anupam Surve for the respondents. CORAM: ANOOP V. MOHTA, J. DATED: 27 th April, 2010 P.C. 1. The petitioner has challenged the impugned interlocutory order passed by the Member, Industrial Court, Mumbai, whereby his application for staying the order of transfer from Mumbai and Chennai, was rejected. The main complaint is still pending. 2. The submission with regard to contentions in clause (a) to (h) is not taken care of; and no opportunity was given and therefore, the impugned order is bad in law and is unacceptable. 3. At the interim stage, considering the averments made in the complaint and with the material available on record and reply filed, learned Judge has considered all these relevant aspects and wp9482of09.sxw 2 refused to grant any interim relief, basically on the foundation that the service is transferable and whereas there is administrative exigency also. There is no material substantiated to show that the transfer was malafide and prima facie the learned Judge has considered all these grounds so raised in the complaint. The interim order therefore, cannot be said to be bad in law and contrary to the rules. The balance of convenience is also in such matter goes against the complainant. 4. On 1st April, 2010, Learned Senior Counsel, appearing for the respondent made statement that if the petitioner joins service at Chennai, then they will not take drastic action against him. Inspite of order dated 11th July,2009, the petitioner has not joined the service at the transferred place. The petitioner is not willing to join service. 5. Considering the submissions so raised, I am of the view that there is no case made out to interfere with the said order. However, the complaint so filed is expedited. The learned Member, Industrial Court, Mumbai shall expedite the hearing of complaint and shall dispose of it, as early as possible preferably within six months from the date of receipt of copy of this order. The petition is accordingly dismissed. No order as to costs. (ANOOP V. MOHTA, J.)