Nagpur: Nagpur bench of Bombay high court recently upheld interim orders refusing to stay transfer of two Industrial Training Institute (ITI) employees, ruling administrative action based on an internal complaints committee (ICC) report cannot be termed prima facie mala fide even if allegations of sexual harassment remain unproven.Justice Prafulla Khubalkar dismissed petitions filed by a storekeeper and a craft instructor, both posted at ITI, Wardha, at time of the dispute. Petitioners challenged orders of Industrial Court here, which earlier rejected their plea for interim stay on transfer orders issued in July 2025.The case stemmed from a complaint filed by a woman colleague, following which the ICC conducted an inquiry and submitted its report on July 15, 2025. While the committee did not record definitive findings establishing harassment, it observed lack of direct evidence is common in such cases and found no reason to disbelieve complainant’s allegations. It recommended transfer of both employees and withholding of one increment.Acting on these recommendations, authorities transferred the instructor to ITI Bhamragad in Gadchiroli and the storekeeper to Pombhurna in Chandrapur. Petitioners argued that the transfers were punitive in nature, carried out without a formal departmental inquiry under service rules, and based on a flawed ICC process allegedly conducted in violation of provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.They further contended that ICC itself lacked jurisdiction and the action amounted to unfair labour practices. However, opposing the petitions, the state authorities represented by KH Bhondge and the complainant maintained that the transfers were administrative decisions taken in the interest of workplace safety and dignity, and were already effected.Concluding that the Industrial Court’s reasoning was neither arbitrary nor perverse, the high court dismissed both the petitions and declined to grant interim relief, while keeping all substantive issues open for determination in appropriate proceedings.
