CHAMPARAN SUGAR COMPANY LIMITED, BARRAH FACTORY BRANCH, BARRAH, BARACHAKIA, DISTRICT EAST CHAMPARAN Vs. THE STATE OF BIHAR AND 4 ORS.

JUDGEMENT

(1.) Although the brief of this case, namely, C. W. J. C. No 3111 of 1981 seems to be a voluminous one, the point to be decided is a very short and simple one. Since C. W. J. C. 764 of 1981 and M. J. C. No. 465 of 1981 are matters incidental to the main writ application being C. W. J. C. No. 3111 of 1981, I propose to deal with all these three cases by this common judgment In this application under Articles 226and 227of the Constitution of India, the order and award, dated 14th July 1981 passed by the Presiding Officer, Labour Court, Muzaffarpur in reference case no. 19 of 1979, as incorporated in Annexure -10 of the writ application has been challenged and the frontal attack to the order can be very simply stated, but before dealing with the ground of attack, a short narration of facts is warranted. Hence, the relevant short facts first.

(2.) The Government of Bihar in the Department of Labour and Employment under a notification, dated 28th November 1979, referred the industrial dispute between the Management of Champaran Sugar Company Limited Barrah Factory Branch, Barachakia (East Champaran) and their workman represented by Chini Mazdoor Sangh, Barachakia (East Champaran) under Sec. 10(1) (c)of the Industrial Disputes Act, 1947, to the court for adjudication. The terms of reference run thus :

(3.) By the impugned award, the Presiding Officer, Labour Court, Muzaffarpur, in his long, elaborate and painstaking order and award arrived at a conclusion that respondent no. 4 could not be transferred to Chanpatia Branch of the Company and that consequentially, the order of transfer of respondent no. 4 from Barrah Factory Branch to Chanpatia Sugar Factory Branch passed by the Management was set aside and the petitioner -Company was directed to allow respondent no. 4 to continue and work at Barrah Factory Branch, Barachakia on the post of Head Clerk on the terms and conditions of the service applicable to him at the time of transfer order. The Management of the petitioner -Company was further, directed to pay to respondent no. 4 all his back wages (although he never worked in any of the Mills) which had not been paid to him for the period after the order of transfer was passed. It is very pertinent to point out here that from the date of the order of transfer of respondent no. 4, he worked neither at Barrah Factory Branch, Barachakia nor ever joined the Chanpatia Sugar Factory Branch of the Company.