S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by petitioner, M/s. Usha Martin Industries Limited, against the Award dated 21.10.2000, pronounced on 8.3.2001, in Reference Case No. 24 of 1996, whereby and whereunder, the order of transfer in respect to workman, Shri A.K. Jha, has been declared to be not proper and unjustified by the learned Presiding Officer, who further held that the workman is entitled to be posted at local unit of the management with back wages consequential benefits.
(2.) THE brief fact of the case shows that the workman. Sri A.K. Jha, was appointed as Commercial Trainee in Usha Martin Black Limited (now known as Usha Martin Industries Limited) on 2.4.1979 and was posted at Jamshedpur, where he Joined on 1.5.1979. He was confirmed on 1.5.1980 and transferred from Personnel Department to Security Department on 26.11.1982, which followed subsequent order to transfer made on 30.1.1986 to Purchase Department. In January, 1996, impugned order of transfer was issued by the President (Works) of M/s. Usha Martin Industries Ltd. and petitioner was transferred from Jamshedpur to Bombay on the ground of exigency of works and the workman was relieved on 17.1.1996 to report Bombay by 24.1.1996, but it was not acted upon, as the workman opposed the transfer vide letter dated 17.1.1996. A dispute having been cropped up between the parties, the Government of Bihar referred the dispute vide Notification No. 4/D2 -60104/96 L and E/1346 dated 17.9.1996, registered as Reference Case No. 24/96. The management appeared and opposed the Reference but it was answered in favour of the workman by impugned award dated 21.10.2000, as pronounced on 8.3.2001. The only question to be determined is whether the management has right to transfer the workman from Jamshedpur to Bombay and such order of transfer was proper and justified or not, which was Issue No. 2 before the Court below.
(3.) BEFORE the Court below, evidences were led by the parties and the management took plea that it had power in terms of conditions of service, as was stipulated in appointment letter dated 1.5.1980. It further took plea that the management had power to transfer any of its workmen from one branch to another, from one office to another and from one place to another, even in its allied company. Reliance was also placed on the provision of Standing Orders as also Provision IV of Schedule 1/b of the Industrial Employment (Standing Orders) Central Act. 1946, in support of managements claim of its power to transfer a workman.;