B.P. Katakey, J.

1. This writ petition is directed against the award dated 3.1.2002 passed by the learned Presiding Officer, Labour Court, Dibrugarh, in Reference Case No. 8/1997 answering the issues under reference in favour of the respondent/management.

2. The facts relevant for the purpose of this case are that Sri Sankar Dutta, who was appointed on 30.3.1981 by the respondent/Management in Bijlibari Tea Estate as Hazira Maharar was transferred vide order dated 8.8.1994 issued by the Manager of Bijlibari Tea Estate to a place near Margherita to start a tea estate as an additional venture over a plot of land procured by the respondent/management. The workman refused to comply with the said order on the ground that the same is illegal and unjustified being violative of his conditions of appointment as well as the standing order. A charge memo was issued on 15.9.1994 by the management levelling the charge of misconduct for disobeying the order of transfer and asking the concerned workman to show cause as to why disciplinary actions should not be taken against him, in response to which the workman submitted his reply contending inter alia that such order of transfer, being violative of the conditions of his appointment and standing order, is not lawful and cannot be the basis for taking disciplinary action for non-compliance of the same. The management being not satisfied with the reply submitted by the workman, decided to hold the domestic enquiry and accordingly, an Enquiry Officer was appointed and a domestic enquiry was conducted. The Enquiry Officer, on completion of the enquiry, submitted his report with the finding that the charge of misconduct for refusal to obey the lawful order of the workman has been established. The management, thereafter, vide order dated 13.1.1995 dismissed the workman from service on the ground of gross misconduct committed by the workman for refusal to obey the lawful order of transfer, by concurring with the finding recorded by the Enquiry Officer in his report. The concerned workman, thereafter, approached the management and requested them for reinstatement in service, which was turned down and then a dispute was raised by the Union, namely Assam Shah Karmachari Sangha, in the matter of dismissal of the workman from service, on the basis of which a conciliation proceeding was initiated, which, however, ended in failure. The Conciliation Officer on 21.12.1995 submitted his failure report to the State Government with his view that the transfer order passed by the management does not appear to be justified. The State Government having considered the materials made available referred the following issues to the labour court for adjudication:

(a) Whether the management of Bijlibari T.E., Hoogrijan, PO-Hoogrijan, Dist. Dibrugarh is justified in dismissing Sri Sankar Dutta, Hazira, Mohurrer from service or not?

(b) If not, is he entitled to reinstatement with full back wages or any other relief in lieu thereof?

3. The labour court, upon receipt of the order of reference made by the State Government, registered Reference Case No. 8/1997 and issued notices to the Union as well as the management, who on receipt of the same filed their respective written statements. In the written statement filed by the management, apart from others, it has also been pleaded that a valid domestic enquiry was conducted before dismissing the workman from service.

4. The management in support of the plea of holding a valid domestic enquiry to enquire into the charge levelled against the workman, examined the Enquiry Officer, who conducted such enquiry as MW-1. The management also examined 2 (two) other witnesses, namely the Manager of Bijlibari Tea Estate as MW-2 and the Superintendent of the said Tea Estate as MW-3 before the labour court, on merit. The Union also examined the concerned workman as WW-1. In course of examination of witnesses, the management exhibited the entire domestic enquiry proceeding as Exhibit-1, th