1 wp2556-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2556 OF 2010 Commissioner, Solapur Municipal Corporation and Ors. .. Petitioners Versus Shankar Tippanna Kanke & Ors. .. Respondents Mr.Vinay Killedar i/b. Nitin Jamdar for petitioners Mr.Ashok Tajane for respondent Nos. 2, 8 to 14 and 18 to 20 WITH CONNECTED WRIT PETITIONS CORAM : S.C.DHARMADHIKARI, J. 5th September 2011. P.C.: 1] In all these matters Solapur Municipal Corporation has filed petitions challenging the orders of the Industrial Court quashing and setting aside the transfer of the respondents. It appears that the respondents were posted in the Health Department of the Corporation and subsequently transferred to the Transport Section/ department. These orders of transfers have been issued way back in the year 2001. 2 wp2556-10.doc 2] The only argument of the petitioners was that these respondents, in pursuance of the orders of transfer, have reported for work in the Transport section and are continuing to work therein for the past more than 10 years. At this stage, therefore, the order should not be upheld but must be set aside. 2] On the other hand, the respondents stated that they were working in the Health Department and they were placed in a particular grade and were also given salary and other benefits commensurate therewith. Now on transfer to the Transport Section, there is an apprehension that their pay and other benefits will be adversely affected. On the last occasion, both sides were given time to take instructions from their respective clients as to whether firstly the respondents are willing to work in the transport section if their salary and other benefits are protected and secondly whether the petitioner Corporation will make a statement protecting the same so that the respondents who have succeeded do not lose monetary and other benefits in terms of orders of Industrial Court. 3] This Court is happy to note that both sides have taken a 3 wp2556-10.doc reasonable stand and respondents have now stated that they are ready and willing to work in transport section whereas the Corporation has stated that each one of the respondents who have succeeded before the Industrial Court, even though posted now with transport department will receive the same salary as was commensurate with their status in the Health Department and that would not be adversely affected. Meaning thereby, they will get the same salary and benefits and when their terminal benefits are computed, they will not be in any way adversely affected, even if persons working in transport section are receiving less salary. In the light of this agreement between the parties and without examining any larger issue, I am directing that the respondents will be allowed to work in transport section by the petitioners and they shall continue to work therein. The orders passed by the Industrial Court in each of the matters stand modified to this extent. Petition is disposed of in these terms. 4] At this stage, it is stated by Mr.Tajane appearing for respondents states that the respondents having worked in the transport section and it now being clarified that their salary and 4 wp2556-10.doc other perquisites are protected, they are deprived of certain monetary benefits and if the computation in respect of these respondents is made, that would be to the tune of Rs.30,62,489/-. Mr.Jamdar appearing for petitioner states that this is not the position and none of the respondents is deprived of any monetary benefits. Needless to clarify that when this petition is disposed of, it will be open for the respondents to bring to the notice of the Commissioner any such loss, which they may have suffered and if any representation is made in that behalf, the Commissioner will duly consider it in accordance with law and in consonance with the agreement. If such an application/ representation is made the same will be disposed of within four weeks from the date of receipt of such representation. This order is passed in the presence of respondent Nos.2 and 8 to 14 and 18 to 20. (S.C.DHARMADHIKARI, J)