R.K.MERATHIA, J. - (1.) IN this writ petition, the petitioner has challenged the award dated 28th February, 1994 passed by Shri Bijay Kumar Rai, Presiding Officer, Labour Court, Ranchi in Reference Case No. 4 of 1993 upholding the dismissal of the petitioner.
(2.) ON 1.8.1979, the petitioner alongwith one other workman was transferred from 06 -shop to 02 - shop as there was no work in the 06 -shop. The petitioner without obeying the said order, made a representation on 4.8.1979, on the ground that only the junior most workmen were to be transferred but the petitioner was not the junior most. After about a month, on 3.9.1979 he entered into the office of Shri G.V.V. Giri, Assistant Manager of 06 -shop and assaulted him by slapping on his face. Petitioner was suspended on 3.9.1979 and after holding a departmental proceeding he was dismissed on 31.10.1980. He preferred a departmental appeal which was also ultimately dismissed. He raised an Industrial Dispute which was registered as Reference Case No. 4/1993. Shri Satyendra Singh, Presiding Officer, Labour Court, Ranchi, Held on 10.9.1986 that the dismissal was justified. The award was pronounced on 28.10.1988. The petitioner challenged the same vide CWJC No. 2126 of 1989 (R). A short question was raised that the award was antedated. This Court held that it is possible that the award was antedated and since there was a gap of more than two years in pronouncement of the award, the chances of the Presiding Officer forgetting the submissions of the parties, cannot be ruled out. Accordingly, the said award was set aside and the Labour Court was directed to pass an award, after hearing the parties afresh. The matter was thereafter heard afresh. Again the petitioner 'sdismissal was held to be justified. This award is impugned in this wit petition. Three changes of misconduct in terms of Standing Order were levelled against the petitioner: (i) By the office order dated 1.8.1979, the petitioner was relieved from 06 -shop for reporting at 02 -shop which he disobeyed. This amounted to disobedience of lawful and reasonable orders of the competent authority; (ii) The petitioner was to report to 02 -shop w.e.f. 3.8.1979 but he did not do so and absented himself from duty without any prior information or sanction of leave which amounted to willful absence from duty without leave or without sufficient cause; (iii) On 3.9.1979 the petitioner entered the office of Shri G.V.V. Giri, Assistant Manager, 06 -shop and assaulted him by slapping on his face.
(3.) THE Labour Court on the basis of the materials on record held that the order of transfer was lawful and reasonable. He further held that the petitioner refused to receive and obey the order in spite of the knowledge about said order of his transfer. With regard to the second charge, the labour Court held that there is no evidence to show that from 3.8.1979, the petitioner had not working in either 06 -shop or in 02 -shop and, therefore, he clearly absented from the work without any leave or sufficient cause. Regarding the third charge, the labour Court found the charge of assaulting the superior officer to be correct. In these circumstances, the labour Court upheld the order of dismissal passed by the Management.;