EXECUTIVE ENGINEER Vs. MADHAV NARHARI WALAKE

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India impugns an order of the Industrial Court, Solapur, dated 28th September, 1988 made in Complaint (ULP) No. 187 of 1986 under the Provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act ).

(2.) THE petitioners are the Officers of the State Government. The first respondent is an employee working as Helper in Ujjani Canal Division, Mechanical Sub-Division, Pandharpur. By Office Order No. 950 dated 31-10-1986 the first respondent was transferred to the office of the Executive Engineer, Vishnupuri, Pump House Division, Nanded and directed to report there within the given time. Instead of complying with the transfer order, the first respondent rushed to the Industrial Court at Solapur and moved Complaint No. 187 of 1986 invoking Item 3 of Schedule IV of the Act and obtained an order restraining the petitioners from transferring him out of Pandharpur. The Industrial Court tried the complaint and by its order dated 28th September, 1988, held that the order of transfer was an unfair labour practice within the meaning of Item 3 of Schedule IV of the Act, quashed the transfer order and directed the petitioners to retain the complainant as Helper in Ahmednagar Division. Being aggrieved, the petitioners are before this Court by the present writ petition.

(3.) AFTER having pursued the record and heard the submissions of the Counsel on either side, it appears to me that there was no case of mala fide at all made out before the Industrial Court and the Industrial Courts order is based on nothing but surmises and conjectures.