BABU LAL Vs. PRESIDING OFFICER, LABOUR COURT, AMRITSAR

JUDGEMENT

(1.) Babu Lal petitioner who is an employee of Kshetriya Shri Gandhi Ashram, Amritsar, was transferred to Lucknow Branch of the Ashram, on 4th October, 1979. This was not to the liking of the petitioner and he considered the transfer as an act of victimisation and unfair labour practice since the petitioner happened to be an officer-bearer of the Union and his application under Section 33-C(2) of the Industrial Disputes Act, for commutation of his wages was already pending.

(2.) On a reference, the Labour Court after considering the entire evidence, found that the job of the petitioner was transferable and no evidence whatsoever was produced by the workman to prove that he had made a representation to any higher authority against his transfer or challenged the same in any Civil Court or before any authority against his transfer or challenged the same in any Civil Court or before any authority under the Industrial Disputes Act. The Labour Court has further found that under the regulations governing the conditions of service of the workman, it was his duty to obey the orders by joining at Lucknow. If he had any grievance, he should have taken up the matter later on. Disobedience of lawful orders by the employees is a serious misconduct and therefore, the punishment of removal from service is wholly commensurate with the gravity of the misconduct. Since attention of the Labour Court has not been attracted towards the provisions of Section 11-A of the Industrial Disputes Act, in exercise of which powers the desirability of imposing lesser punishment could be considered, we have ourselves gone through the record of the case for that purpose. But after hearing the learned counsel and considering the lapse on the part of the petitioner, we do not find it a fit case for reducing the punishment.