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2023 Supreme(Bom) 1646

SHAILESH P. BRAHME
Priya Fulchand Gaikwad – Appellant
Versus
Maharashtra State Road Transport Corporation Osmanabad Through Its Divisional Controller – Respondent


Advocates Appeared:
For the Petitioner: Mr. Girish N. Kulkarni (Mardikar).
For the Respondent: Mr. A.B. Dhongade.

JUDGMENT :

1. Rule. Rule is made returnable forthwith. Heard both the learned counsel finally at the admission stage.

2. The petitioner is challenging judgment and order dated 03.04.2023, passed by learned Member, Industrial Court, Latur, dismissing the Complaint ULP No. 195 of 2019 which was filed challenging an order of transfer dated 26.10.2019.

3. Petitioner is the original complainant and the respondent is employer who effected transfer.

4. The petitioner is working as a Class IV employee as Conductor in the respondent - Corporation. By order dated 26.10.2019, she was transferred from Osmanabad to Paranda, within the Division. That was challenged by petitioner in a complaint on 10.03.2019, under Section 28 (1) and Item 3, 9 and 10 of Schedule IV of the Maharasthra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1961, before the Industrial Court. She was given protection by interim orders dated 26.11.2019 and 16.03.2020. By the impugned judgment and order her complaint was dismissed. The protection was continued till 30th April, 2023.

5. Learned counsel for the petitioner informs that in the month of May, 2023, she joined at a transferred place i.e. Paranda

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