INDIAN EXPRESS P LTD Vs. GANESH GOPNATH RANE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the petition is taken for final MEGHA SHREEDHAR PARAB hearing and disposal.

(2.) Interim order passed by the Industrial Court, Thane on Application at Exh.U-2 temporarily restraining Petitioner No.1 to give effect to the promotion/transfer order issued in respect of the Respondent is the subject matter of challenge in the present petition.

(3.) Petitioner No. 1 is engaged in the business inter alia of printing and publishing newspapers and other publications and has multiple printing presses across the country. Respondent joined services of the first Petitioner as Trainee Semi-Skilled Baller in the Rotary Department of the first Petitioner vide appointment letter dtd. 25/3/2002. Subsequently, Respondent was put on probation as Semi-Skilled Baller in the Rotary Department by order dtd. 27/3/2003. After his performance being found satisfactory, he was made permanent by letter dtd. 11/7/2003. He was re-designated as Senior Semi-Skilled Baller by letter dtd. 22/3/2004 with effect from 1/7/2003. Respondent was promoted to the post of Machineman on 29/12/2008 and Assistant Printer on 16/8/2012. As per the recommendation of the Majithia Wage Board, he was re- designated as Senior Printer with effect from 1/7/2019. Respondent is posted as Senior Printer at the printing press of the first Petitioner at Mahape, Navi Mumbai. Respondent and other employees apprehended adverse action of termination and transfer against them in the light of conduct of Union elections in August 2022 and filed Complaint (ULP) No.160 of 2022 seeking stay on proposed termination/transfer. On 19/9/2022, an interim order was passed by Industrial Court, Thane in the said complaint restraining Petitioners from terminating the services of Respondents therein without following due process of law and from implementing transfer orders, if issued, for 7 days. That interim order was challenged by the first Petitioner by filing Writ Petition No.10814 of 2023.