ECONOMIC TRANSPORT ORGANIZATION Vs. DHARMENDRA MISHRA

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated July 08, 1999 passed by the Labour Court in I.D. No. 796/94 wherein, the Labour Court had answered the reference in favour of the respondent No. 1 herein, by holding that he has not abandoned the job, but, it is a case where the petitioner had refused him duties in Delhi and whereby, the petitioner was directed to provide him duties in Delhi with full back wages and continuity of service.

(2.) The award was passed pursuant to a reference made by the appropriate Government on the following terms:

(3.) It was the case of the respondent No. 1 that he detected a fraud to the tune of Rs. 68 lakhs and reported to the police on the basis of which, an FIR was registered. It was his case that he has been continuously working with the petitioner since 1969. He was transferred to Bangalore in 1987. The Bangalore office gave a letter of transfer that he should now go and report to Delhi office. He was prohibited from coming to office in Bangalore. He came to Delhi with that letter, but the Delhi office deliberately told him to come on the next day. Even on the next day, he was not allowed to join. This process continued despite the respondent No. 1 was ready and willing to do his work. It was his case that when he was posted in Bangalore, the petitioner had sent undesirable employees of the company to harass him. He was physically attacked and told immediately to leave the place. He reported the incident to the police. It was only with the intervention of police, he was allowed to put in attendance. His prayer in the claim petition was, he should be taken on duty in Delhi with full back wages and consequential benefits.