Arun Chandra Upadhyay, J.

1. This writ petition has been filed challenging the award-dated 29.12.05 passed by the Labour Court at Dibrugarh in Reference Case No. 9 of 2003, under Industrial Dispute Act, 1947.

2. Facts leading to the filing of this writ petition may be summarized, in brief, as follows:-

The Petitioner M/s Maijan Tea Estate, situated on the bank of river Brahmaputra, suffered loss of cultivable land due to erosion experienced over the years since 1969 and thus for having found it difficult to sustain the tea estate with low crops and large numbers of staff, proposed to transfer excess workers to different Tea gardens. Accordingly, the management proposed to transfer excess workers of Maijan Tea Estate to different Tea gardens in phase manner and accordingly issued transfer order to 125 workman of the garden.

3. It may be pointed out in this context that after the transfer order was issued by the Management on 25.1.02 in respect of 125 workers, the affected workmen being aggrieved, filed a civil suit in the Court of Civil Judge (Senior Division) at Dibrugarh challenging the transfer orders to be illegal, unwarranted and without basis with a prayer for declaration