Transfer is a standard condition of service, and can only be challenged on grounds of mala fides, which require substantial proof of personal bias or improper motive.

JUDGMENT :

Sandeep V. Marne, J.

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

2. Interim order passed by the Industrial Court, Thane on Application at Exh.U-2 temporarily restraining Petitioner No.1 to give effect to the promotion/transfer order issued in respect of the Respondent is the subject matter of challenge in the present petition.

3. Petitioner No. 1 is engaged in the business inter alia of printing and publishing newspapers and other publications and has multiple printing presses across the country. Respondent joined services of the first Petitioner as Trainee Semi-Skilled Baller in the Rotary Department of the first Petitioner vide appointment letter dated 25 March 2002. Subsequently, Respondent was put on probation as Semi-Skilled Baller in the Rotary Department by order dated 27 March 2003. After his performance being found satisfactory, he was made permanent by letter dated 11 July 2003. He was re-designated as Senior Semi-Skilled Baller by letter dated 22 March 2004 with effect from 1 July 2003. Respondent was promoted to the post of Machineman on 29 December 2008 and Assistant Printer on 16 August 2012. As per the recommendation of the Majithia Wage Board, he was redesignated as Senior Printer with effect from 1 July 2019. Respondent is posted as Senior Printer at the printing press of the first Petitioner at Mahape, Navi Mumbai. Respondent and other employees apprehended adverse action of termination and transfer against them in the light of conduct of Union elections in August 2022 and filed Complaint (ULP) No.160 of 2022 seeking stay on proposed termination/transfer. On 19 September 2022, an interim order was passed by Industrial Court, Thane in the said complaint restraining Petitioners from terminating the services of Respondents therein without following due process of law and from implementing transfer orders, if issued, for 7 days. That interim order was challenged by the first Petitioner by filing Writ Petition No.10814 of 2023.

4. On 7 November 2022, an order was issued deputing the services of Respondent to Lucknow. Respondent filed Complaint (ULP) No.219 of 2022 challenging the deputation order dated 7 November 2022. The Industrial Court, Thane passed order dated 28 November 2022 granting interim relief of stay on the deputation order dated 7 November 2022. Petitioners filed Writ Petition No.2438 of 2023 challenging the interim order of the Industrial Court, Thane dated 28 November 2022. The Writ Petition was allowed by this Court by Judgment and Order dated 5 June 2023 setting aside the interim order of the Industrial Court. This Court however, accepted undertaking from the first Petitioner that the period of deputation shall not exceed six months and that Respondent would be re-posted at Mahape printing press at the end of deputation period of six months. Respondent completed the period of his deputation at Lucknow and was re-posted at Mahape Printing Press in December-2023. In the meantime, this Court allowed Writ Petition No. 10814 of 2023 set aside interim order dated 19 September 2022 passed by the Industrial Court giving blanket stay on termination and transfer by order dated 30 January 2024.

5. First Petitioner issued order dated 10 April 2024 promoting Respondent from the post of Senior Printer t