JUDGMENT - R.M. LODHA, J.:---Rule. Returnable forthwith. Mr. Shetty waives service for Respondent No. 1

2.The learned Counsel for the parties submit that Respondent No. 2 is formal party and service on Respondent No. 2 may be dispensed with. Order accordingly.

3.By consent writ petition is heard finally at this stage.

4.The important question that arises in this writ petition filed under Articles 226 and 227 of Constitution of India is whether the complaint filed by an affected employee relating to his transfer from one place to another covered under Item-3 of Schedule-IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, M.R.T.U. P.U.L.P. Act, 1971') could be filed by such affected employee or has to be filed by recognised union?

5.The aforesaid question arises in the following manner. The Petitioner (for short, employee') was appointed in the Maharashtra State Co-operative Bank Ltd. (for short, employer') on the post of Junior Officer. The petitioner has been transferred from time to time. On 22-2-91 the employer ordered transfer of the employee from Nasik to Bombay in the accounts department of the employer Bank. The

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