GENERAL MANAGER Vs. GAJANAN MAHADEO MANDAOKAR

JUDGEMENT

(1.) Heard Shri Santosh D. Chande, learned Counsel for the petitioners and Shri A.J. Salway, learned Counsel for the respondents. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the rival parties.

(2.) In Writ Petition No.7978/2018 the respondent, who was appointed as a Supervisor (Mandi) and thereafter confirmed as Branch Coordinator. By an order dated 18/12/2015, the respondent was transferred as a 'Supervisor-Weighment' to Talegaon Branch. Since the respondent did not join at the place of transfer in spite of reminders the services of the respondent, came to be terminated by the order dated 18/12/2015, which was challenged by him in Complaint (ULP) No.6/2016 before the learned Labour Court, Wardha, who by judgment dated 31/3/2017 held that the respondent was workman and dismissal was without giving an opportunity of hearing and therefore, set aside the same and directed reinstatement with continuity of service and back wages and the transfer order of the respondent, was also set aside. The Revision (ULP) No.44/2017 there against by the petitioner, was partly allowed by the learned Industrial Court by maintaining the order of reinstatement with continuity and back wages but setting aside the order of cancellation of transfer. It is against the order directing reinstatement, continuity and back wages that the present petition has been filed.

(3.) In Writ Petition No.7979/2018 the respondent was appointed on 1/10/2007 as Assistant (Purchase) and thereafter confirmed as Executive Procurement and was transferred to Daund Branch as a 'Supervisor - Weighment'. Since the respondent did not join at the place of transfer in spite of reminders the services of the respondent, came to be terminated by the order dated 18/12/2015. The learned Industrial Court in Complaint (ULP) No.5/2016 cancelled the transfer order and directed reinstatement, continuity and back wages. The learned Industrial Court in revision by the petitioner, bearing Revision No.43/2017, set aside the relief of quashing of the transfer order, but maintained the relief of reinstatement, continuity and back wages. Hence this petition.