Case Note & Summary
The petitioner, Atul Damodar Bante, was employed as a Craft Instructor (Mill Wright Maintenance) at the Industrial Training Institute, Nagpur. By order dated 30.06.2003, he was transferred to Chandrapur. He challenged the transfer as an unfair labour practice before the Industrial Court, Nagpur, in Complaint (ULPN) No. 323 of 2003. The Industrial Court, by order dated 19.10.2004, upheld the transfer but directed that his pay scale of Rs. 5000-8000 be protected, as otherwise he would have to draw salary in the lower pay scale of Rs. 4500-7000. The respondents (Deputy Director and Principal) challenged this order in Writ Petition No. 1995 of 2005, which was dismissed on 03.05.2005. Thereafter, the employee filed the present writ petition on 05.10.2007, challenging the same Industrial Court order on the ground that the post and work he performed at Nagpur were not available at Chandrapur. The court heard the parties on 21.11.2009, 04.01.2010, and 08.01.2010. During the hearing, the learned AGP stated on instructions that the petitioner could be given his designation as Craft Instructor (Mill Wright Maintenance) at Chandrapur. The court noted that the petitioner's salary was already protected and he was also getting the designation of the post he held at Nagpur. Consequently, the court found no further relief could be granted and dismissed the petition.
Headnote
A) Industrial Law - Transfer - Unfair Labour Practice - Transfer of employee from Nagpur to Chandrapur challenged as unfair labour practice - Industrial Court upheld transfer but directed protection of pay scale - Employee's subsequent writ petition challenging transfer on ground that post not available at Chandrapur - Held that since pay scale and designation already protected, no further relief required (Paras 2-5).
Issue of Consideration
Whether the transfer of the petitioner from Nagpur to Chandrapur constituted an unfair labour practice and whether the Industrial Court's order upholding the transfer while protecting pay scale was correct.
Final Decision
Writ Petition dismissed. The court held that since the petitioner's pay scale and designation were already protected, no further relief could be granted.
Law Points
- Transfer order not an unfair labour practice
- pay scale protection ordered
- subsequent writ petition by employee dismissed as infructuous
Case Details
2010 LawText (BOM) (01) 293
Writ Petition No. 5592 of 2005
Shri S.R. Deshpande for petitioner; Mrs. T.D. Khade, AGP for respondents No. 1 & 2
The Deputy Director (Vocational Education & Training) Regional Office, Nagpur; The Principal, Industrial Training Institute, Nagpur; Shri K.N. Bawankule
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Nature of Litigation
Challenge to transfer order as unfair labour practice
Remedy Sought
Petitioner sought to set aside the transfer order dated 30.06.2003 and the Industrial Court order dated 19.10.2004 upholding the transfer
Filing Reason
Petitioner was transferred from Nagpur to Chandrapur and claimed that the post and work he performed at Nagpur were not available at Chandrapur
Previous Decisions
Industrial Court upheld transfer but directed protection of pay scale; respondents' writ petition against that order was dismissed on 03.05.2005
Issues
Whether the transfer of the petitioner constituted an unfair labour practice
Whether the Industrial Court's order upholding the transfer while protecting pay scale was correct
Submissions/Arguments
Petitioner argued that the post and work of Craft Instructor (Mill Wright Maintenance) were not available at Chandrapur
Respondents argued that the petitioner's pay scale and designation were already protected
Ratio Decidendi
When an employee's pay scale and designation are already protected by a prior order, a subsequent challenge to the transfer on the ground of non-availability of the post does not warrant any further relief.
Judgment Excerpts
The Industrial Court declared that there could not have been any reduction in pay scale of the petitioner and while upholding the transfer order, it directed present Respondents No. 1 & 2 to protect his payscale.
Today, the learned AGP, upon instructions states that presently the petitioner can be given his designation as Craft Instructor (Mill Wright Maintenance) i.e. the designation of post on which he was working at Nagpur.
Procedural History
Petitioner filed Complaint (ULPN) No. 323 of 2003 before Industrial Court, Nagpur challenging transfer. Industrial Court upheld transfer but protected pay scale on 19.10.2004. Respondents filed Writ Petition No. 1995 of 2005 which was dismissed on 03.05.2005. Petitioner then filed present Writ Petition No. 5592 of 2005 on 05.10.2007 challenging the same Industrial Court order.
Acts & Sections
- Industrial Disputes Act, 1947:
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
