(1.) By this petition, the petitioner-employee seeks to challenge the order dated April 1, 1986 passed by the Industrial Court dismissing his appeal and allowing the appeal filed by the respondent-employer.
(2.) The petitioner was employed with the 1st respondent Modern Mills Limited as a clerk in 1943 and he continued to serve in that capacity for about 38 years, till he was dismissed from service on August 9, 1981. The incident leading to his dismissal was as follows : Sometime in the second week of January, 1981 the petitioner was told orally by the Administrative Officer to go and work in the Records Section from the Sizing Section or C.D.S. Section, where he was working for about two years till that time. The petitioner, however, demanded his order of transfer in writing and did not resume his duties in the Records Section but continued to work in the C.D.S. Section. Thereafter on February 6, 1981 the Administrative Officer gave him a letter stating as follows :
(3.) Thereafter the petitioner approached the respondent Mills under Section 42 of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as 'the said Act') by an approach letter of September 19, 1981. The letter having had no effect, he approached the Labour Court under Section 78 read with Section 79 of the Act. By its order of October 15, 1984 the Labour Court held that the punishment meted out to the petitioner was grossly disproportionate and granted him reinstatement in service but without back wages. Aggrieved by this order of the Labour Court both the petitioner as well as the respondent Mills preferred cross-appeals before the Industrial Court and by the impugned order the Court reversed the finding of the Labour Court, dismissed the petitioner's appeal and allowed the employer's appeal. Hence the petitioner has approached this Court by this petition filed under Articles 226 and 227 of the Constitution of India.