JUDGEMENT

PRASHANT KUMAR MISHRA, J. - (1.) These two writ appeals would arise out of the common order dtd. 28/12/2018 passed by the learned single Judge in two separate writ petitions, one being W.P.No.2955 of 2021 preferred by the appellant (management) and the other - W.P.No.5271 of 2009 preferred by the 1st respondent-workman. While the writ petition preferred by the appellant has been dismissed, that preferred by the workman has been allowed by the learned single Judge. W.P.No.2955 of 2001 was preferred challenging the award passed by the Labour Court, Visakhapatnam on 23/10/2000 in I.D.No.219 of 1998, whereas W.P.No.5271 of 2009 was preferred challenging the order dtd. 16/12/2008 passed by the Labour Court, Visakhapatnam, in M.P.No.43 of 2005.
(2.) Both the writ appeals were heard analogously on the issue of maintainability. However, to understand and appreciate the nature of proceedings before the Labour Court, it is deemed expedient to state the factual matrix, though succinctly.
(3.) The workman preferred an application under Sec. 2A(2) of the Industrial Disputes Act, 1947 (in short, "the 1947 Act") before the Labour Court, Visakhapatnam for reinstatement with back-wages, continuity of service and attendant benefits. Based on the claim and the defence put forth by the parties, the Labour Court, by its award dtd. 23/10/2000, held that the petitioner (before the Labour Court) has been doing manual work of tracking samples and testing them, weighment, accounting of the articles and boxing the material and noting the size of the material, therefore, he is a workman as defined under Sec. 2(S) of the 1947 Act. On appreciation of the evidence adduced before the Labour Court, it was also found that dismissal of an employee for disobedience of a transfer order on health grounds was shockingly disproportionate, therefore, under the circumstances, dismissal of the workman is liable to be set aside. Allowing the application, the Labour Court modified the order of dismissal to one of the punishment of stoppage of one increment with cumulative effect. However, if he fails to report at his new station at Jharsuguda within one month, he will not be entitled to back-wages or continuity of service.;


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