INDIAN POTASH LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. L. P. Sharma, learned counsel appearing for the petitioner. Also heard Mr. S. N. Sarmah, learned Sr. advocate representing the workman/respondent No. 2.

(2.) THE writ petitioner/management by filing this petition challenges the award dated april 12, 2002 in Reference Case No. 38/1997 given by the learned Labour Court, Guwahati holding the management guilty of unfair labour practice because of the transfer/deputation order dated May 13, 1997, issued against the workman. The learned Labour Court has also directed that the workman be permitted to resume his duty at Guwahati with full back wages. Permission for prosecution of the management under Section 25-U of the industrial Disputes Act (hereinafter referred to as "the I. D. Act") has also been granted by the award impugned before this Court. The workman who was appointed on november 2, 1981 as a driver under the writ petitioner-company is the beneficiary of the award under challenge.

(3.) THE. award came to be passed in pursuant to a reference made by the government on the following two issues: