J. V. Gupta, J.

1. This petition is directed against the order of Labour Court, Faridabad, dated October 22, 1986, Annexure P-2, passed under Sec.33-C (2) of the Industrial Disputes Act, 1947 .

2. Petitioner P. C. Gupta, workman of the respondent management of Messrs. Bhartia Cutler Hammer Limited, Faridabad, was transferred from Faridabad to Bombay, vide order dated October 27, 1984. He failed to join there and when he was reminded on November 5, 1984, to proceed to Bombay, that was also ignored by him. Then he was charge-sheeted on January 4, 1985, to which he submitted his explanation. Shri B. R. Grover was appointed as the enquiry officer against him and despite repeated letters and reminders, Sri Gupta did not appear before him and he had to proceed ex parte against him and thus submitted his report, on February 25, 1985. On the basis of the report, Mr. Gupta was punished, vide order dated August 20, 1985, and was placed in a lower scale. Admittedly, he never challenged that order of his reversion. However, he filed a civil suit for a declaration and permanent injection challenging his transfer. The said civil suit was filed on July 1, 1985. In that suit, the ad interi