IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7830 OF 2024 Kiran Ramesh Shinde ] Aged about 39 years, ] Residing at 517, E ward, Plot No.34, ]

Shivaji Park, Kolhapur ] … Petitioner.

V/s.

1. State of Maharashtra, ]

General Administrative Department ] Mantralaya, Mumbai. ]

2. The President, ]

Industrial Court, Maharashtra, ] Central Administrative Building, ] Bandra East, Mumbai. ]

3. The Registrar, ]

Industrial Court, Maharashtra, ] Central Administrative Building, ]

Bandra East, Mumbai. ] … Respondents WITH WRIT PETITION NO.7831 OF 2024 Devdas Kerba Chougale ] Aged about 40 years, ] Having permanent address at ] At/Post Solankur, Taluka Radhanagari, ] District Kolhapur ] Presently Residing at Government Quarters,]

Vichare Marg, Kolhapur 416 001. ] … Petitioner.

V/s.

1. State of Maharashtra, ]

General Administrative Department ] Mantralaya, Mumbai. ]

Digitally signed by SUMEDH 1/16 SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date:

2025.06.21 +0530

2. The President, ]

Industrial Court, Maharashtra, ] Central Administrative building, ]

Bandra East, Mumbai. ] … Respondents ______________________________________

Mr. Aditya S. Raktade, for the Petitioner in both Petitions.

Mr. K.S. Thorat, ‘B’ Panel for Respondent No.1-State in WP/7830/2024. Ms. Tanu N. Bhatia, AGP for Respondent No.1-State in WP/7831/2024.

Mr. R.S. Datar for Respondent Nos.2 and 3.

_____________________________________________

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

RESERVED ON : 17th April, 2025.

PRONOUNCED ON : 20th June, 2025.

Judgment (Per : Kamal Khata, J) :-

WRIT PETITION NO.7830 OF 2024:

1) By this Writ Petition under Article 226 of the Constitution of India, the Petitioner seeks a direction to permit him to continue working in the Labour Court, Kolhapur, and not be transferred to Industrial Court, Sangli as per the Order dated 24^th May, 2024.

2) The Petitioner was appointed as a peon in Labour Court, Kolhapur, following a due selection process, as per the Order dated 19^th May, 2010 issued by the Incharge Administrative Judge, Labour Court, Kolhapur. His service was regularised by an Order dated 15^th September, 2014. He was promoted to the post of Naik (Class IV Post) and further promoted to the post of Bailiff (Class III Post ) by an Order dated 17^th October, 2023.

3) The Petitioner is aggrieved by his transfer from Labour Court, Kolhapur, to the Industrial Court, Sangli by impugned Order of 24^th May, 2024. He contends that, he was not due for transfer as he has not completed five years of service as a Class III employee. He further asserts the personal grievances of the employees were disregarded during the transfer process, and the Government Resolution (“GR”) dated 9^th April, 2018, which prescribes Guidelines for Transfer of Employees in various classes, was ignored. On 27^th May, 2024, he submitted a representation highlighting that he has served as a Bailiff for only seven months, which is below the mandatory five year period outlined in the GR. Consequently, he asserts that the transfer Order is illegal and should be revoked.

WRIT PETITION NO.7831 OF 2024:

4) By this Writ Petition under Article 226 of the Constitution of India, the Petitioner seeks a direction to permit him to continue working in the Industrial Court, Kolhapur, and not be transferred to Labour Court, Solapur as per the Order dated 24^th May, 2024.

5) The Petitioner was appointed as a peon in Labour Court, Kolhapur, following a due selection process, as per the Order dated 19^th May, 2010 issued by the Incharge Administrative Judge, Labour Court, Kolhapur. His service was regularised and he was promoted to the post of Daftary (Class IV Post) in the Industrial Court at Kolhapur and further promoted to the post of Bailiff (Class III Post ) by an Order dated 17^th October, 2023.

6) The Petitioner is aggrieved by his transfer from Industrial Court, Kolhapur, to the Labour Court, Solapur by impugned Order of 24^th May, 2024. He contends that, he was not due for transfer as he has not compl