S.K. Choudhuri, J.

In this writ application the petitioner who was carrying on business under the trade name Bhowra Coke Company as the sole proprietor challenges the award of the Central Government Industrial Tribunal (No.3) at Dhanbad, respondent no. 2 passed in reference case no. 79 of 1968 dated the 30th September, 1970 (annexure 13 to the writ application) by which the termination of the service of S. C. Chakravarty alias Sudhir Chandra Chakravarty (respondent No.3) has been dec1ared to be unjustified and held entitled to be reinstated with full back wages, allowances, bonus and all other dues as if he was in employment throughout from the date of his suspension in his reinstatement. The petitioner also prays for issue of a writ of mandamus commanding upon the Union of India through the Under secretary to the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department) of Labour and Employment, New Delhi, (respondent No.1) and the Presiding Officer, Central Government Industrial Tribunal No.3 at Dhanbad (respondent no. 2) not to give effect to the aforesaid award.

2. In order to appreciate the points raised in this writ application I shall state the relevant facts;

The petitioner was carrying on business under the trade name Bhowra Coke Company and he had his coking plant at Bhowra, district Dhanbad. Apart from the Coking plant the petitioner had also a Fire- brick plant within the same compound. According to the petitioner Respondent No.3 was an employee of the petitioner and posted in the coking plant at Bhowra.

It may be stated here that the petitioner was a lessee under the Eastern Coal Company Ltd. in respect of land upon which the coke plant and fire-brick plant were situate. It is said that some time in the year 1953 the aforesaid Eastern Company Ltd. transferred their rights in the land to Bhowra Kankanee Collieries Ltd. It is said that after the aforesaid transfer the transferee Company raised certain objections regarding the running of the firebrick plant on the aforesaid lease-hold land by the petitioner. In consequence of which he was complied to shift his fire-brick plant in 1958 to a place known as Kumar Juri, district Dhanbad about 30miles from its original site.

3. By a letter dated the 16th August, 1960 (Annexure 1) issued by the Works Manager of the Bhowra Coke plant to respondent No. 3, he was .transferred from the coke plant at Bhowra to the fire-brick plant at Kumar Juri on the same emoluments which he was drawing over and above a personal allowance of Rs. 10/- only. He was also directed by the said letter to report to duty on 18th August, 1960 and vacate the quarter which he was occupying at Bhowra and occupy the quarter at Kumar Juri. It is said that respondent No.3 did not obey the aforesaid order of transfer and wrote a letter on the next day, namely, the 17th August, 1960 (Annexure 2) asserting therein that his services were not transferable. There after respondent No.3 was served with a charge sheet contained in the letter dated the 20th August, 1960 (Annexure 3) asking him to show cause against the charges and if the same is proved why he should not be dismissed. In pursuance of the aforesaid charge sheet and the notice, the workman, respondent no. 3 showed cause, a copy of which is made annexure 4 to the writ application. Thereafter a departmental enquiry was held by the works Manager of the Bhowra Coke Company in which respondent No.2 participated, his statement was recorded which, according to the petitioner, respondent no. 3 refused to sign and ultimately the enquiry officer by his report on 3rd September, 1960 found him guilty and submitted the same along with the deposition of the workman recorded by him. The enquiry report and the deposition of the workman have been collectively marked as annexure 5. According to the petitioner, the report was thereafter considered and by letter dated the 6th September, 1960 (Annexure 6) the service of respondent No. 3 was