ANJUMANIISLAMS M.H. SABOO SIDDIK COLLEGE OF ENGINEERING Vs. GENERAL SECRETARY, AKHIL BHARTIYA KAMGAR SENA

JUDGEMENT

(1.) The Petition under Article 226 of the Constitution is directed against an Interim Order passed by the Industrial Court, staying an Order of transfer, at the interlocutory stage, in a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Second Respondent was working as a clerk at 'Anjuman-I-Islams' M.H. Saboo Siddik College, Mumbai. By a communication dated, 24th December, 2008, the services of the employee were transferred to a Secondary School under the same management at Vashi, Navi Mumbai. The Third Respondent was working as a peon in the same institute at Mumbai. By a communication dated, 24th December, 2008, his services came to be transferred to a Polytechnic at New Panvel under the same management.

(2.) Clause 35(1) of the Standard Code, 1998, provides for transfer in the following terms:

(3.) On behalf of the Petitioner, it has been submitted that the Industrial Court was manifestly, in error in interfering with the Order of the transfer at the interlocutory stage. It Was on 19th March, 2008, that the Akhil Bhartiya Kamgar Sena furnished an intimation about the formation of the union and on 19th June, 2008, about the office bearers of the Union. On 10th November, 2008, the Head Mistress at the Secondary School had notified that there was a need for a clerk in the Institution upon the post falling vacant as a result of the resignation of the existing employee. Similarly on 26th November, 2008, the Principal at the Polytechnic had communicated that there was a need for a peon as one of the employees engaged in that capacity had left the Institution and there was a shortfall. Consequently, Orders of transfer were issued. These letters were placed on the record of the Industrial Court.