1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITOIN NO. 99/2011 (Bhandara Z.P. and P.S. Karmachari Sahakari Sanstha vrs. Smt. Kusum B. Chamat and others) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri N.G.Solav, counsel for Petitioner Mrs. S.P.Deshpande, counsel for R-1. Shri Lonare, AGP for R-3 and 4 Shri A.Y.Kapgate, counsel for R-2 ... CORAM : R. K.DESHPANDE, J. DATED : 13th APRIL, 2011. This writ petition challenges the judgment and order dated 19.12.2009 passed by the Industrial Court in Complaint ULP No. 52/2008 filed by the respondent no.1. A complaint was filed challenging the transfer of the respondent- complainant by an order dated 16.10.2008 from Bhandara Zilla Parishad and Panchayat Samiti Karmachari Sahakari Sanstha to Gondia Zilla Parishad and Panchayat Samiti Karmachari Sahakari Sanstha. 2 2] The Industrial Court has recorded the finding that the seniority list of employees has not been produced by the petitioner-employer. However, in the seniority list at Exh. 34 produced by the complainant, the name of the complainant was at Sr.No. 3 and on the basis of the criteria for allotment, first employee was to be allotted to Bhandara District and the second employee to Gondia District. In view of this, the complainant should have been retained at Bhandara. The order of transfer, therefore, has been set aside. 3] The finding of the Industrial Court that employees at odd numbers to be allotted to Bhandara and even numbers to Gondia has not been challenged. The finding that the seniority list at Exh. 34 was prepared and the name of the respondent complainant appears at Sr.No. 3 has also not been challenged. In view of this, no fault can be found with the findings recorded in para 18 of the judgment of the Labour Court. 4] Shri Solav, the learned counsel 3 appearing for the petitioner has relied upon the order dated 2.6.2007 issued by the State Government which is at Annexure-1 to the petitioner, the list of employees at Annexure-5 to the Petition and the order dated 16.10.2008 issued by the Administrator, Bhandara Zilla Parishad and Panchayat Samiti Karmachari Sahakari Sanstha. 5] The order dated 2.6.2007 passed by the State Government does not indicate the criteria for transfer of employees. A list at Annexure 5 of the employees does not appear to be a seniority list, but seems to be a list of employees from whom the amount is to be recovered along with the interest, in which the name of the complainant appears at Sr.No. 9. The order at Annexure 8 dated 16.10.2008 also does not indicate any criteria for transfer of employees. In view of this, none of these documents are relevant to record the finding either in respect of criteria to be adopted for transfer of employees or to show that the transfer of the respondent employee was in accordance with such criteria. 4 5] In view of above, no fault can be found with the order passed by the Industrial Court. The petition is, therefore, dismissed. No orders as to costs. JUDGE Rvjalit