B.D.Agarwal, J. - (1.) The petitioner is a private limited company engaged in the manufacture and sale of handmade woollen carpets. It had factories at Mirzapur, Gopepur (P.O. Gopiganj,district Varanasi) and Guriya (P.O. Thatra, district Varanasi) besides branches at different places. On July 20,1979 the petitioner took policy decision to transfer certain categories of employees from the Mirzapur to the Gopepur (P.O. Gopiganj) factory on ground inter alia that embossing and clipping of carpets had been stopped in Mirzapur factory since that had become uneconomic. The 44 workmen represented by the Sanyukt Kalim Mazdoor Sabha (respondent No. 3) covered under the order of transfer were drawn from the categories of embossers, clippers, binders, repairers, designers and labourers. A general notice for transfer was pasted on July 20, 1979, followed by intimation to the Assistant Labour Commissioner, U.P. Individual orders of transfer were issued on 13th Aug., 1979, and in some cases on 1st Oct., 1979. The workmen agitated against this and went on strike. The district authorities, it appears, intervened whereupon the petitioner offered in writing dated 5th March, 1980, that it shall arrange for regular bus service from Mirzapur to Gopepur and back and further : That the Management shall do its best to introduce the proposed bus service at its earliest but in the meantime the workmen concerned are advised to use their own conveyance. The expenses incurred in this behalf will be met by the Management at the rate of Rs. 4/- per day for the number of days they attend the duty". In Paras 6 and 7 thereof the company stipulated : '6. That the aforesaid arrangement will not prejudice the right of transfer of the workmen by the Management from one Factory/Office or arrangement prejudice the proceedings in the arbitration of any present or future industrial dispute. 7. That this arrangement is made only for the period lying between today and the date of award of the Arbitration proceedings."
(2.) This letter of the petitioner addressed to the City Magistrate, Mirzapur is Annexure Rs.4' to the writ petition. The offer contained therein was accepted for the workmen concerned. The strike was thereupon ,withdrawn and the workmen concerned joined at Gopipur factory with effect from March 6, 1980. An arbitration agreement had been entered into on Feb. 5, 1980; this, however, was not published and did not fructify. The concession which the petitioner had agreed to on 5th of March 1980, was withdrawn by it unilaterally on 10th May, 1980, in the form of a letter addressed to the City Magistrate (vide Annexure Rs.5' to the writ petition). The State Government thereafter under order dated Sept., 8, 1981, made reference under S. 4K of the U.P. Industrial Disputes Act, 1947, to the Industrial Tribunal (1) U.P. at Allahabad of the following industrial dispute : Kya Seva Yojkon Dwara Parishist Men Ankit 44 Shramikon Ka Asthanantaran Mirzapur Isthit Factory Se Gopiganj Isthit Factory Ko Kiya Jana Uchit Tatha/Vaidhanik Hai? Yadi Nahi To Sambandhit Shramik Kya Labh/Anutosh (Relief) Pane Ke Adhikari Hai Tatha Anya Kis Vivran Ke Sath".
(3.) In the award given on Oct. 20,1984, the Tribunal found that there was no proof of victimisation or unfair labour practice on the part of the employer. The notice, it was , observed, did not mention that there was stoppage of work at the Mirzapur factory. The order of transfer was found to be vitiated on ground that there was no provision in support contained in the Standing Orders; there was no such term in the order of appointment nor did the petitioner establish the existence of any such practice. Having reached this finding the Tribunal took up for consideration the relief to be granted. It took note of the fact that the workmen concerned had joined and started working in the Gopipur factory, the Mirzapur concern had ceased to be a factory the employers had earlier to purchase peace offered to arrange transport of pay Rs. 4/- per day to each workmen as travelling/conveyance allowance the daily expense involved in this would come to Rs. 5/-per day and accordingly directed that the 44 workmen who had been transferred by the company from its Mirzapur factory to Gopiganj and have not been provided residential accommodation at Gopiganj should be paid conveyance/transport allowance @ Rs. 5/-per day of work performed at Gopiganj factory.;