JUDGMENT :

The present writ petition under Article 226 of the Constitution of India has been instituted by the petitioner to challenge an Award dated 20.10.2012 rendered by the learned Industrial Tribunal, Dibrugarh in Reference Case no. 01/2012 [Old Case no. 04/2008]. By the Award dated 20.10.2012, the learned Industrial Tribunal, Dibrugrah has decided the Reference forwarded to it for adjudication by the Labour & Employment Department, Government of Assam under Section 10 [1][c] of the Industrial Disputes Act, 1947. The Reference consisting of two issues has been decided by the learned Industrial Tribunal against the writ petitioner-Workman.

2. It was by a Notification bearing no. GLR.2016/2008/11 dated 11.11.2008, the Government of Assam in the Labour & Employment Department referred the dispute to the learned Presiding Officer, Industrial Tribunal, Dibrugarh and the Notification read as under :

GOVERNMENT OF ASSAM

LABOUR & EMPLOYMENT DEPARTMENT

ORDERS BY THE GOVERNOR

NOTIFICATION

Dated Dispur, the 11th November, 2008.

No. GLR.2016/2008/11 : Whereas an industrial dispute has arisen in the matter specified in the Schedule below between :-Management of Steelsworth Pvt. Ltd. Makum Road, Tinsukia, Assam – vs – Shri Bacha Babu Singh, General Secretary, Steelsworth Worker’s Union, Makum Road, P.O. & Dist. Tinsukia, Assam.

And whereas it is considered expedient by the Government of Assam to refer the dispute for adjudication to Industrial Tribunal Dibrugarh constituted under Section 7 of the Industrial Disputes Act, 1947 [Act XIV of 1947].

Now, therefore, in exercise of the powers conferred by Clause [c] Sub-Section [1] of Section 10 of the Industrial Disputes Act, 1947 [Act-XIV of 1947], as amended, the Governor of Assam is pleased to refer the said dispute to the Presiding Officer, I.T. Dibrugarh appointed under the provisions of the said Act.

- SCHEDULE -

1. Whether the Management of M/s Steelsworth Pvt. Ltd. Makum Road, Tinsukia, Assam is justified in stoppage of work of Sri Bacha Babu Singh with effect from 05.01.2005 ?

2. If not, whether he is entitled to reinstatement with full back wages with effect from 05.01.2005 or any other relief in lieu thereof ?

Sd/-

A.C. Borah

Deputy Secy. To the Govt. of Assam

Labour & Employment Department.

3. The case pleaded by the Workman-writ petitioner in the present writ petition is inter alia to the effect that the writ petitioner in his capacity as the General Secretary, Steelsworth Worker’s Union raised a demand for payment of Bonus for the Accounting Year : 2003 – 2004 for and on behalf of the Workmen of M/s Steelworth Pvt. Ltd. As the Management of M/s Steelsworth Pvt. Ltd. refused to fulfill the demand of the Workmen Union, the dispute was referred to the Assistant Labour Commissioner, Tinsukia for conciliation. The Assistant Labour Commissioner, Tinsukia as the Conciliation Officer vide a Notice of Conciliation dated 19.10.2004, called upon the Workmen side and the Management side to hold conciliation on 26.10.2004. Several rounds of conciliation were held and as the dispute could not be settled, the Assistant Labour Commissioner, Tinsukia scheduled the conciliation proceedings for further discussion on 15.12.2004.

4. While the conciliation proceedings on the matter of Bonus for the Accounting Year : 2003 – 2004 was in progress and pending before the Conciliation Officer, the Management of M/s Steelsworth Pvt. Ltd. issued a Transfer Order dated 27.11.2004 whereby the petitioner was transferred to the workshop of M/s Steelsworth Pvt. Ltd. at Coonoor in the State of Tamil Nadu. By the Transfer Order dated 27.11.2004, the petitioner was directed to report for joining at its Coonoor branch w.e.f. 15.12.2004. The petitioner was also instructed to vacate the quarter he was allotted and occupying and hand over the keys to the Manager [Personal & Administration].

5. The petitioner has contended that when he as the General Secretary, Steelsworth Worker’s Union was espousing the causes of the Workmen and was ta