The employer has an inherent right to take disciplinary action and transfer employees, and the court can interfere only if there is evidence of malice or non-compliance with terms of employment.

JUDGMENT :

1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final hearing and disposal.

2. The Petitioners have filed this Petition challenging the order dated 19 September 2022 passed by the Industrial Court, Thane on Application at Exhibit U-2 filed by the Respondents in Complaint (ULP) No.160 of 2022. By the impugned order, the Industrial Court has restrained the Petitioners from terminating the services of Respondents without following due process of law and has further directed that in the event of their transfer, seven days’ time be granted to them before giving effect to the order of transfer so as to enable them to challenge the transfer order.

3. I have heard Mr. Khambata, the learned senior advocate appearing for the Petitioners and Ms. Singh, the learned senior advocate appearing for the Respondents.

4. After having considered the submissions canvassed by the learned counsel appearing for the parties and on perusal of the impugned order dated 19 September 2022, it is seen that the order grants interim relief to the Respondents in the form of restraining the employer from terminating the services of its employees without following due process of law and from operating the order of transfer, if and when issued, for a period of seven days.

5. Respondents have filed Complaint (ULP) No.160 of 2022 seeking following prayers:

“(a) To hold and declare that the Respondents are engaged in the Unfair Labour Practices under Items 1 (a), 2 (a), 3 & 4(f) of Schedule II and items 3, 5, 9 & 10 of Schedule IV of the MRTU & PULP Act, 1971.

(b) To direct the Respondents to cease and desist from engaging in the Unfair Labour Practices complained hereinabove.

(c) To direct the Respondents to refrain from interfering in the election process, decision making and affairs of the Union.

(d) To direct the Respondents to withdraw the managerial staff from union work and further direct Shri Sajid Sheikh and any other person to interfere in or influence the decision making process of the Union.

(e) To direct the Respondents to not to entertain, deal with, negotiate or sign or finalise any matter pertaining to the services and service conditions of the workmen and or employees working in the Mahape unit.

(f) To quash & set aside any Order adversely impacting service conditions and or place of employment of the Complainants.

(g) To direct the Respondent to continue the Complainants to work at their present work place at Mahape, Navi Mumbai in their original post and department.

(h) Pending hearing and disposal of this complaint, restrain the Respondents from changing the place of employment or service conditions of the Complainants.

(i) Pending hearing and disposal of this complaint, restrain the Respondent from taking any action against the Complainants in furtherance of or consequent to the illegal and irregular election process.

(j) Ad Interim or Interim reliefs in terms of prayer clause (h) to (i) above.”

(k) Any other relief more beneficial that the Hon’ble Court may deem fit and proper in the facts of the case and in interests of justice.

(l) Cost and compensation in favour of Complainant may please be ordered.”

6 Thus the main grievance of the Respondents in their Complaint before the Industrial Court is about the alleged interference by the Petitioners in the election process of the Union and deputation of managerial staff for interfering in the functioning of the Union.

7 The Industrial Court, while passing the impugned order, has recorded following prima facie findings with regard to each of the grievance of the Respondents pleaded in the Complaint:

“27. The complainants alleged that respondents are using coercive tactics against the employees and stopping them from exercising their rights to organize and they are engaged in unfair labour practice under item 1 of schedule II of MRTU & PULP Act. If facts of the case are seen, then union is working in establishment of