Bombay High Court
Ranjeet Ramchandra Mane vs Maharashtra State Road Transport ... on 24 January, 2024
1
13869.23WP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1027 WRIT PETITION NO.13869 OF 2023
...
PRASHANT BUDDHIWANT SALGHANTE
VERSUS
MAHARASHTRA STATE ROAD TRANSPORT
CORPORATION, LATUR DIVISION, LATUR
...
Advocate for the petitioner : Mr.M.D.Gitte
Advocate for respondent : Mr.A.B.Dhongade
...
AND
1027 WRIT PETITION NO.13871 OF 2023
...
SHAHURAJ DAGADU SHINDE
VERSUS
MAHARASHTRA STATE ROAD TRANSPORT
CORPORATION, LATUR DIVISION, LATUR
...
Advocate for the petitioner : Mr.M.D.Gitte
Advocate for respondent : Mr.A.B.Dhongade
...
AND
1027 WRIT PETITION NO.13879 OF 2023
...
RANJEET RAMCHANDRA MANE
VERSUS
MAHARASHTRA STATE ROAD TRANSPORT
CORPORATION, LATUR DIVISION, LATUR
...
Advocate for the petitioner : Mr.M.D.Gitte
Advocate for respondent : Mr.A.B.Dhongade
...
2
13869.23WP
CORAM : ARUN R. PEDNEKER, J.
DATE : 24.01.2024
P.C. :
1] Heard the learned counsel for the petitioners.
2] In all these three Writ Petitions, the petitioners
have challenged the interim order of the industrial Court,
vacating the ex parte interim order of stay of transfers of the
petitioner employees of the Corporation. The transfer orders
dated 23.09.2021 issued by the respondent - Maharashtra
State Road Transport Corporation are within distance of 35
to 50 kilo meters.
3] The petitioners are employed as Conductor with
the respondent Maharashtra State Road Transport
corporation [MSRTC] at Nilanga Depot. The petitioners are
transferred to a distance of around 35 to 50 kilo meters.
The petitioners have challenged the transfer order dated
23.09.2021 before the Industrial Court, Latur by way of
filing complaint [ULP]. By the order dated 28.09.2021, the
Industrial Court has granted ad-interim stay to the transfer
orders, thereby directed the Corporation not to execute the
transfer orders and also directed to allow the petitioners to
join at their original posts and protected the petitioners till
05.10.2021.
13869.23WP
4] By order dated 26.09.2023, the Industrial
Court, Latur vacated the interim relief granted on
28.09.2021. Against the said orders, the present Writ
Petitions are filed before this Court.
5] It is noticed that similar type of transfer orders
have been challenged before this Court by way of filing Writ
Petition Nos.13277 of 2023 and 10568 of 2023. It is
undisputed that the petitioners are working on the
transferable job and the transfer can be made on
administrative ground. In the judgment dated 11 th
December, 2023 passed in Writ Petition No.13277 of 2023,
it is held that clause 8 (e) (2) of the Rules of 2014
empowers the MSRTC to by pass the normal procedure of
general transfers, in cases involving employees who are
charged with grave misconducts, and move out such
employees in order to avoid commission of further
misconducts. In view of the legal position, clause No.8 (e)
(2) of Rules of 2014 covers the situation.
6] Undisputedly, all the Conductors / petitioners
were found to be involved in misconduct with regard to
issuance of tickets to the commuters.
7] Considering the above referred cases, the
present Writ Petitions are dismissed. However, the
Industrial Court is directed to decide the complaints [ULP]
13869.23WP
as expeditiously as possible preferably within a period of 6
months from the date of production of the order of this
Court.
[ARUN R. PEDNEKER]
JUDGE
DDC
