Petitioner challenged transfer order to Assam, alleging victimization and violation of service conditions. Court found no case made out for writ jurisdiction as petitioner resorted to alternate remedy and respondent acted within service conditions.
Writ petition dismissed; no order of status-quo passed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO. 7998 OF 2014
Nagsen B. Pagare ... Petitioner V/s. Hindustan Aeronautics Ltd. ... Respondent
Mrs. Seema Sarnaik i/b. Ameya Tamhane & Sangeet A. Salvi for the petitioner. Mr. A.M. Vernekar for the respondents.
CORAM : NARESH H. PATIL AND B.P. COLABAWALLA, JJ .
10th September, 2014.
P.C.
The petitioner challenges transfer order from Nashik to Air Force Station, Tezpur, Assam on the ground that petitioner was working in Aircraft Division and under the service conditions cannot be transferred to Air Force Station in Assam. The learned Counsel for the petitioners by referring to various communications submitted that with ulterior motive the petitioner was victimsed and transferred at a remote place. The petitioner had approached the Assistant Labour Commissioner by communication dated 20th August, 2014 against the transfer order.
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(B.P. COLABAWALLA, J.)
L.S. Panjwani, P.A.
2 issues framed by the court
Whether the petitioner's case for transfer violating service conditions and victimization warrants writ jurisdiction.
Whether the petitioner has approached an alternate remedy before exercising writ jurisdiction.
Nagsen B. Pagare
Hindustan Aeronautics Ltd.
NARESH H. PATIL
B.P. COLABAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
