Bombay High Court
Temsu S/O Maroti Andel vs The Chief Executive Officer, ... on 1 February, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3162/2020
Temsu s/o Maroti Andel,
aged about 51 years, Occ. Service,
r/o Ankisa, Tq. Sironcha,
Dist. Gadchiroli. .....PETITIONER
...V E R S U S...
The Chief Executive Officer,
Zilla Parishad Gadchiroli,
Tq. Dist. Gadchiroli. ...RESPONDENT
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Mr. M. R. Pillai, Advocate for petitioner.
Mrs. M. P. Munshi, Advocate for respondent.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 01.02.2021
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith.
2. By this writ petition, the petitioner is challenging the
order passed by learned Member, Industrial Court, Chandrapur
below Exh.U-2 in Complaint (ULP) No.65/2018, whereby the
learned Member of the Industrial Court rejected the application
seeking stay to said order of transfer dated 31.05.2018.
3. The petitioner was working at Primary Health Centre,
Ankisa, District Gadchiroli as Health Assistant. By order dated
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31.05.2018 issued by Chief Executive Officer, Zilla Parishad,
Gadchiroli, he was transferred to Primary Health Centre, Laheri,
Tq. Bhamragarh, District Gadchiroli. The said was challenged by
the petitioner by approaching to the Industrial Court by filing the
complaint, making allegation therein that his order of transfer is
nothing but a colourable exercise of powers. The said complaint
was registered as Complaint (ULP) No.65/2018. Along with the
said complaint, he filed an application for interim relief. On
05.12.2018, the learned Member granted stay to the order of
transfer until further orders.
4. The respondent herein appeared before the Industrial
Court and filed reply opposing the application for stay to the
transfer order. After hearing the counsel for the complainant as
well as respondent, the learned Member, Industrial Tribunal,
Chandrapur on 18.11.2019 passed the impugned order, rejecting
the said application.
5. Heard Mr. Pillay, learned counsel for the petitioner and
Mrs. Munshi, learned counsel for the respondent. The petitioner
has, undisputedly, served in Naxal affected area from 17.06.2012
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to 16.01.2014. That shows that he has not completed 3 years of
continuous service in the Naxal affected area. This particular
position is not at all in dispute. The bone of contention before the
Court below was that he has already worked in Naxal affected
area. However, as per Government Resolution dated 15.05.2014,
an employee has to work for 3 years. In that view of the matter,
earlier period of service for 1½ cannot be the ground to challenge
the order of transfer.
6. The interim order was granted by the learned Member,
Industrial Court in favour of the petitioner on 05.12.2018 and it
was in operation till 18.11.2019. After rejection, the petitioner
immediately approached to this Court on 04.12.2019 and this
Court (Coram: Manish Pitale, J.) granted notice for final disposal
and directed the parties to maintain status quo as on the said day.
7. According to petitioner, he was discharging duties at
Primary Health Centre, Ankisa on the day when the order of status
quo was granted by this Court. However, the said was disputed
by respondent by pointing out order dated 27.11.2020 by which
the petitioner was relieved on 30.11.2020.
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8. Here, one important fact this Court wishes to note from
the submissions made by learned counsel for the respondent that
as on today, in place of the petitioner, nobody is transferred or
posted at Primary Health Centre, Ankisa. In addition, Mr. Pillay,
learned counsel for petitioner, makes a statement, on instructions
from the petitioner, that if the petitioner is protected till the end of
May-2021 and thereafter transferred by Chief Executive officer,
Zilla Parishad, Gadchiroli, he will join on his transferred place.
9. In view of the position that as on today nobody is
posted at Primary Health Centre, Ankisa and in view of the
undertaking given by the petitioner that if after May-2021 he is
transferred, he shall be obeying such a transfer order, I pass the
following order.
Order dated 18.11.2019 passed by learned Member,
Industrial Court, Chandrapur ,below Exh.U-2 in Complaint (ULP)
No.65/2018 is hereby quashed and set aside. The respondent is
directed to allow the petitioner to work as Health Assistant at
Primary Health Centre, Ankisa, District Gadchiroli till 31.05.2021.
It shall be open for the respondent to issue fresh order
of transfer if the respondent chooses to exercise powers of the
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employer to transfer its employee, after 31.05.2021 and it shall be
be the duty of the petitioner to join the transferred place.
Since Complaint (ULP) No.65/2018 was only against
transfer order dated 31.05.2018, in view of the directions supra,
nothing survives in the said complaint. Hence, Complaint (ULP)
No.65/2018, pending on the file of learned Member, Industrial
Court, Chandrapur is disposed of.
Rule is made absolute in the above terms. No order as
to costs.
JUDGE
kahale
