WRIT PETITION NO v. Mainoddin
Case at a glance
Outcome
Dismissed
In the result, Writ Petition is dismissed
Provisions considered
Key paragraphs
- Para 44. In the result, Writ Petition is dismissed. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp10667
Judgment
Cause title
Mr. R.V. Naiknavare, Advocate, for the petitioner. ........................ (2)
CORAM : B.P. DHARMADHIKARI, J. DATE : 5TH JANUARY 2011 COURT'S
ORDER :
The Industrial Court has found that the respondent, working as Peon, has not been transferred on equivalent post. It has, therefore, exercised jurisdiction available under Items 3 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971.
After hearing the learned Counsel appearing for the petitioner, I do not find that any jurisdictional error or perversity is committed by the Industrial Court. The learned Counsel for the petitioner has attempted to urge that the post of Peon and post of Majdoor are equivalent and in any case, in the same cadre. Support is sought to be taken from the impugned order of transfer dated 9-8-2007. Such order of transfer itself cannot be a proof and there are no pleadings of any earlier such transfers or placements.
Hence, I am not inclined to interfere in exercise of writ jurisdiction. However, it is made clear that this order shall not operate as a precedence and the Municipal Council shall be at liberty to raise appropriate defence in appropriate cases. (3)
Operative part
In the result, Writ Petition is dismissed. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp10667
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, Writ Petition is dismissed
Which court decided this case, and when?
Bombay High Court, on 05 Jan 2011. The bench was B P DHARMADHIKARI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.