JUDGMENT

The management in I.D.No.30 of 1994 before the Labour Court, Kollam is the petitioner herein. They are challenging Ext.P1 award passed by the Labour Court in that I.D. The issue referred for adjudication was :

“Denial of employment to Sri. K. Samban, Clerk with effect from 8.1.1993.”

The Labour Court found that the workman was originally working as a Clerk, who was demoted as a Watchman and was directed to report for duty as Watchman. The workman refused saying that he cannot be demoted. Thereafter, he was directed to report for duty at Kollam office without mentioning as to whether as Clerk or Watchman. The workman gave reply stating that he is prepared to join duty as Clerk provided he is paid backwages for the period from December 1992 to 11.1.1993, bonus for the year 1992 to 1993 and contribution of the management towards ESI and Provident Fund for the said period. The management took W.P.(c)No.15456/08 2 this as a refusal to accept the posting order and abandonment of his service. Accordingly his services were dispensed with. The dispute regarding demotion was conciliated by the conciliation officer. It was pending such conciliation that the other events took place. Fail