JUDGMENT :

S.K. Desai, J.

1. In this Writ Petition, Petitioner who is the widow of one M. B. Amin has impugned the decisions given by the Presiding Officer, First Labour Court, on 12th September, 1984 and thereafter on 26th July, 1985. In order to appreciate the controversy, a few fact may be stated. We may add that, to our mind, the position is abundantly clear and the decisions require to be quashed. However, we are writing an elaborate judgment for the guidance of Labour and Industrial Courts in the city.

2. One M. B. Amin (hereinafter referred to as "the employee") was in the employment of the 2nd Respondent Company. The 2nd Respondent will hereinafter be referred to as "the employer". The employee commenced employment with the employer as a Peon from 1954 and was promoted as an Overseer in the year 1963. Ultimately, his emoluments increased and, according to the Petitioner, his last drawn wages were 1,211.73 per month. On 25th April, 1976, the said employee was served with an order of transfer directing him to go to Gauhati (Assam). He did not comply with the order and the contention is that he was sick and it was subsequently detected that he was suffering from T.B. Indeed, fro