MITRA S.P. (P) LTD Vs. DHIREN KUMAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court in Writ Appeal Nos. 615/2021 and 617/2017 in respective Writ Petition Nos. 2955/2021 and 5271/2009, the Management has preferred the present appeals.

(2.) The respondent - workman was appointed as a Junior Supervisor with the company's branch at Visakhapatnam. While he was working at Visakhapatnam, he was transferred to Jharsuguda in State of Orissa vide order dtd. 20/7/1997. The workman instead of joining at the place of transfer submitted a representation to the Director requesting for transfer to Mangalore in Karnataka State. The same was not acceded to. Challenging the said order of transfer, the workman filed O.S. No. 1602/1997. The Civil Court did not grant any relief as prayed by the workman. Thereafter, the workman was relieved by the branch office at Visakhapatnam on 14/8/1997. Though the said relieving order was received by the workman, he neither handed over the charge at Visakhapatnam nor did he report for duty at Jharsuguda office. Therefore, the management treated him as deemed to have been relieved w.e.f. 14/8/1997 from Visakhapatnam office. Thereafter, the management issued a show cause notice dtd. 24/10/1997 to comply with the directions of transfer or else disciplinary action would be initiated against the workman. Thereafter, the workman was placed under suspension. Domestic enquiry was ordered. The enquiry proceeded exparte. Subsequently, the management dismissed the workman from service w.e.f. 15/9/1998. Aggrieved by the dismissal order, the workman filed I.D. No. 219/1998 before the Labour Court. The Labour Court vide judgment and award dtd. 23/10/2000 modified the order of dismissal with stoppage of one increment with cumulative effect and ordered for reinstatement of the workman into service, with a direction to the workman to join at the place of his transfer i.e., at Jharsuguda within a period of one month from the date of receipt of the order, failing which, he shall not be entitled to the reinstatement. The Labour Court also further directed that the management shall consider the request of the workman for retransfer to Visakhapatnam or Mangalore after the workman joins at his new station and that if the workman fails to report for duty at Jharsuguda within one month he shall not be entitled to back wages or continuity of service. The management filed W.P. No. 2955/2001 before the learned Single Judge of the High Court. On 22/2/2001 while admitting the writ petition, the learned Single Judge granted interim suspension of the order of the Labour Court. Subsequently, learned Single Judge modified the said interim order granting interim stay subject to the condition of the management complying with Sec. 17 ­B of the Industrial Disputes Act.

(3.) We have heard Mr. Siddhartha Dave, learned Senior Advocate, appearing on behalf of the appellant(s) and Mr. K. Parameshwar, learned Advocate, appearing on behalf of the respondent.