( 1 ) BHARAT Heavy Electrical Limited has filed this petition under Art. 226 of the Constitution which in substance is one under Art. 227 thereof seeking to challenge the award passed by the Presiding Officer of the Labour Court at Surat in Reference (LCS) 326 of 1981. By the said Awards the industrial dispute raised by the respondent-workman against the petitioner-concern has been adjudicated upon and the reference is partly allowed. The Labour Court has directed the petitioner-concern to reinstate the respondent-workman in service with continuity in service but directed the petitioner to pay 25 of back wages with effect from 5-10-1985. It is further clarified that the petitioner will be entitled to transfer the respondent-workman or to send him on deputation according to its needs. The said right of the petitioner-management has been upheld.

( 2 ) IN order to appreciate the grievance of the petitioner; a few introductory facts are required to be noted at the outset. Respondent workman was appointed as welder-Grade I in the pay scale of Rs. 470 644 by the order of appointment dated 24-6-1975 by the petitioner concern. During March 1980 the respondent was working