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Judgment
Learned counsel for the petitioner submits in support of the challenge of award dated 19.05.2015 in Complaint Case No. 02 of 2014 [W.P. (L) No. 1603 of 2016] and award dated 22.01.2016 in Complaint Case No. 03 of 2015 [W.P.(L) No. 6506 of 2016] that :-
(i) Upon dismissal of writ petition C.W.J.C. No. 16350 of 2012 by order dated 11.10.2012 (Annexure-3) and the same being not interfered in L.P.A. No. 1796 of 2012, order dated 22.11.2012 (Annexure-4) and by the Hon''ble Supreme Court in SLP (Civil) No. 8114 of 2013, judgment dated 22.02.2013 (Annexure-4/A), the cause of action raised by the petitioner in connection with his transfer by office order part-1 no. 109 of 2012 dated 24.08.2012 (Annexure-2) had attained finality. The Tribunal could not have entertained the complaint under Section 33 A of the Industrial Disputes Act while passing the impugned order. (ii) Reference Case No. 138 of 1997, in relation to which the instant Complaint Case No. 02 of 2014 was preferred by the employee (private respondent herein), was not in relation to any dispute arising out of the transfer order, but was in connection with claim of over time allowances. The learned Tribunal, therefore, erroneously entertained it as violation of Section 33 (1) of the Industrial Disputes Act . (iii) The punishment impugned in Complaint Case No. 03 of 2015 on the basis of mis-conduct relating to dis-obedience of the transfer order was not of the category of discharge or dismissal which could have invited application under Section 33(2)(b) proviso either. However, ignoring all these facts and grounds and by a non- speaking cryptic order without pronouncing any opinion on the maintainability of the complaint cases, the learned Central Government Industrial Tribunal-1, Dhanbad has, by the impugned award dated 19.05.2015, directed restoration of the employee to the place prior to his transfer to other region and further quashed the punishment itself in Complaint Case No. 03 of 2015 by the impugned award dated 22.01.2016.
Therefore, petitioner management has assailed both the awards in the instant writ petitions.
Issue notice on the sole respondent under registered cover in both the writ petitions. Requisites to be filed within one week, failing which the respective writ petitions shall stand rejected without further reference to a Bench.
In the meantime, operation of the impugned award dated 19.05.2015 passed in Complaint Case No. 02 of 2014 and award dated 22.01.2016 passed in Complaint Case No. 03 of 2015, Annexure-11 and 14 to W.P.(L) No. 1603 of 2016 and W.P.(L) No. 6506 of 2016 respectively shall remain stayed.