SHIV NARAYAN DHINGRA, J.

( 1 ) BY this writ petition, the petitioner MCD has challenged the validity of award dated 21st September, 2006 passed by the Industrial Tribunal-III, Delhi, directing the management to give posting with continuity of service with full back wages to the respondent.

( 2 ) BRIEFLY, facts are that the respondent was working as plumber with the petitioner and he was posted in Ward No. 89, Punjabi Bagh. The workman alleged that he went to report for duty on 26. 7. 1993 and 27. 7. 1993, but he was not allowed to do duty by Hari Lal, a Mali, working in the park, who was also officiating as Garden Chaudhary. He made a written complaint to the authorities. On 27. 7. 1993, he was transferred from Punjabi Bagh to Pitam Pura ward No. 28 by the Assistant Director (Horticulture)-I Rohini Zone. The respondent did not join at Pitam Pura alleging that the action of the petitioner, in transferring him, was unjustified and malafide. The transfer was punitive and stigmatic. The appointing authority was Additional Commissioner and Assistant Director (Horticulture) was subordinate to Additional Commissioner. So, he could not be transferred by the Assistant Director. Although, Pitam Pura was nearer to his home, but he did not join duty in Pitam Pura on the ground that his transfer was malafide and bad. It was made without giving him a charge sheet and without a domestic inquiry, by a non speaking order. So, the transfer was void and disallowing him to join duty in Punjabi Bagh, Ward No. 89, was bad. He sent a demand notice to MCD. During conciliation proceedings, he was told to join duty on 10. 10. 1995. He reported for duty on 17. 10. 1995. He alleged that though, his joining report was received by the department, but he was not allowed to resume duty and this was referred to Conciliation Officer, who then made a recommendations for reference of dispute.

( 3 ) THE stand of the petitioner before the Labour Court was that the workman/respondent was running unauthorizedly absent from duty since 23. 7. 1993. He was not refused duty at any point of time. He was transferred from Punjabi Bagh to Pitam Pura for the necessity of Municipal work. Pritam Pura was nearer to his living place. The workman did not join at the transferred place and remained absent from duty without sanctioned leave. The Assistant Director (Horticulture), was the Administrative Officer and Drawing and Disbursing Officer of the Sub Division and had a right to transfer the employees. When the respondent did not join duty, he was issued several memos and explanation letters. He disobeyed the transfer orders. He was asked to join duty on 30. 7. 1993, 20. 9. 1993 and 6. 10. 1993, but to no response. Thereafter, the respondent approached Assistant Director (Horticulture), with an application dated 13. 5. 1994, accompanied by Shri C. P. Aggarwal, Deputy Secretary of MCD Employees Union and a decision was taken by Deputy Director (Horticulture) that the workman be allowed to join his duty with effect from 13. 5. 1994 and he should submit necessary documents to justify his absence from 23. 7. 1993 to 12. 5. 1994. After giving joining report on 13. 5. 1994, the respondent again absented himself with effect from 14. 5. 1994 and he continued to absent till the reference was made.

( 4 ) FOLLOWING dispute was referred by the appropriate government for adjudication:"whether the action of the management in refusing the duties to Shri. Chattarbhuj Bhushan Sharma is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect. "

( 5 ) IT is undisputed fact that the workman was transferred from Punjabi Bagh by the Assistant Director (Horticulture) on receipt of some complaints about the quarrel between the workman and another employee. The workman challenged the authority of Assistant Director (Horticulture), to transfer him on the ground that his appointing authority was Additional Commissioner, Horticulture. The wo