1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. W.P.5176 OF 2008 State Bank Karmachari Sena Nagpur .vs.. Union of India, Ministry of Labour ------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's order. orders. ------------------------------------------------------------------------------------------------------------- Coram : C. L. PANGARKAR, J. Dated : 19th JUNE, 2009. 1. Heard Mr.P.C.Marpakwar, learned counsel for the petitioner and Mr.Anilkumar, Adv.for respondent nos.2 and 3. 2. This writ petition challenges the order passed by the Ministry of Labour, whereby it refused to refer alleged dispute between the Management and the employees. 3. The petitioner-Union had raised the dispute about the transfer of the certain employees. It was their contention that certain employees have been illegally transferred and it was also contended hat the certain transfers are inconvenient to the employees. The dispute was referred initially to the Conciliation Officer. The Conciliation Officer reported that no settlement could be arrived at between the Management and the employees. 2 After receipt of such report, the Ministry of Labour found that in fact there is no industrial dispute as such and the same cannot be referred. Being aggrieved by that, this writ petition has been preferred. 4. The order passed by the Labour Ministry clearly goes to show that it has considered the conciliation report and has observed that it is prerogative of the Management to effect the transfers. 5. The learned counsel for the petitioner submits that certain employees, who are suffering seriously have been transferred to the inconvenient places. That may be so but that cannot be the reason for saying that there is any industrial dispute as such which needs to be referred. If it is prerogative and some inconvenience is caused to the some of the employees, it cannot be said that there is any industrial dispute which needs to be referred. There is no allegation of victimisation. In the circumstances it cannot be said that the order passed by the Labour Ministry suffers from any illegality. There is no reason to admit the writ petition. It is dismissed in limine. JUDGE. chute