COSMO FILMS LTD Vs. SUNIL VASUDEORAO DESHMUKHA

JUDGEMENT

(1.) HEARD the learned Advocates for the parties perused the records.

(2.) THE petitioner challenges the judgment and order dated 30th January, 2001 passed by the Industrial Court, Aurangabad in Complaint (ULP) No. 26/2000.

(3.) THE complaint came to be filed by the respondent herein in the Industrial court against the petitioner contending that the petitioner are engaged in unfair labour practice by transferring the respondent from Chikalthana plant to bombay Head Officer under the transfer order dated 2-3-2000 received by the respondent on 5-3-2000. According to the respondent the transfer order amounts to the petitioner being involved in unfair labour practice under Item Nos. 3, 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and prevention of Unfair Labour Practice Act, 1971 (hereinafter called as the "said act" ). It is the contention of the respondent that the action of transfer is malafide and has been taken only to harass the respondent to compel him to withdraw the earlier complaint no. 124/1999 filed by the respondent against the petitioner. On the other hand, it is the case of the petitioner that the transfer of the respondent to Bombay is purely on administrative grounds and in terms of the contract of employment between the parties and that, the respondent was doing the work of supervision of loading and unloading of the goods and, therefore, there is no unfair labour practices as such having been adopted by the petitioner towards the respondent.