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 vio