1 16 wp 4265.11.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4265 OF 2011 Ramchandra Govind Kokare .... Petitioner vs. Executive Engineer .... Respondent Mr. Suhas S. Inamdar for the Petitioner. Ms. Shraddha Dhamale h/f Ms. Neeta Karnik for Respondent. CORAM : K.K.TATED,J DATE : 11/07/2011 PC: 1 Heard the learned counsel for the Parties. 2 By this Petition under Articles 226 and 227 of the Constitution of India, the Petitioner – original Complainant challenges the order dated 30th April, 2011 passed by the learned Member of Industrial Tribunal, Solapur rejecting the Petitioner’s application dated 30th April, 2011 calling upon Respondent to produce service book and transfer order of Sarvashri Sitaram Hajare, Naruddin Tamboli, Vithal 2 16 wp 4265.11.doc Panigai, Sharanappa Kalburgi, Arvind Shendage, Amogsiddha Khandekar in pending proceeding. 3 The learned counsel appearing on behalf of Petitioner fairly admitted that matter is kept for final hearing in last week of July, 2011. The learned counsel for Respondent submits that at the time of rejecting the Petitioner’s application dated 30th April, 2011, the learned Member, rightly observed that allowing such application would amount to delaying tactics as the Petitioner is enjoying the benefits of interim order since last more than three years. 4 In the present case, the Respondent issued transfer order dated 20th August, 2008 transferring the Petitioner from Solapur to Akluj. The said transfer order was challenged by the Petitioner by preferring Complaint ULP No.62 of 2008 under section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1972 (hereinafter referred as ‘the said Act’). In the said Complaint Petitioner preferred an application under section 30 (2) of the said Act for staying the said order. The Industrial Court by its order dated 30th 3 16 wp 4265.11.doc August, 2008 directed the Respondent to stay the execution and implementation of transfer order dated 20th August, 2008, by allowing the Petitioner to work in his post of ‘peon’ at Solapur. 5 The Respondent in their reply dated 30th August, 2008 to the said Application for stay, in paragraph 7 stated that Mandal Office and Divisional Office at Solapur are closed and therefore, the Petitioner has been transferred to the vacant post at Akluj. Paragraph no. 7 of the said reply reads as under: “7. The Transfer of the complainant is correct as per the seniority list, since currently as Mandal Office & Divisional Office are closed the complainant has been transferred to the vacant post in Akluj. As of today Assistant Engineer, driver & Senior Clerk are transferred to Kolhapur, Satara, Kharad, Sangli due to closure of the office. Hence the complainant has been transferred to vacant post in Akluj for the Public convenience & for the Administrative purpose.” 6 On the facts and in the circumstances of the present case, I find much substance in the observations made by the 4 16 wp 4265.11.doc learned Member of Industrial Court, Solapur, that allowing such application would amount to delaying tactics as the Petitioner is enjoying the benefits of interim order since last more than three years and hence there was no merit in the petitioner’s application dated 30th April, 2011 and it was rightly rejected by the Industrial Court,Solapur. Hence, I do not find any substance in the petition and the same is dismissed. (K.K.TATED,J.)