R MADA SWAMY Vs. INDIAN EXPRESS NEWS PAPER

JUDGEMENT

(1.) These two petitions arise from order passed by the Labour Court dismissing the complaint filed by the Petitioner and dismissal of the revision by the Industrial Court. A common inquiry was conducted and the charges against these two Petitioners are more or less similar and arise from one incident. Therefore, these two petitions are taken together. The learned counsel for the parties have also argued these two petitions together.

(2.) The Petitioner R Mada Swamy in Writ Petition No.3815 of 1998 and Tanaji Yadav in Writ Petition No.3816 of 1998 were working with the respondent Indian Express Newspaper Private Limited. Mr Mada Swamy was working as Rotary Baller and Tanaji Yadav was working as Stores Mazdoor, (referred to as the Workmen) were issued a charge-sheet on 7 December 1982. The charge against the Workmen was as under :

(3.) An inquiry was instituted. The Workmen engaged representatives to defend themselves. The inquiry officer submitted report. Both the Workmen were found guilty in the inquiry and accordingly were dismissed from services. The Workmen thereafter filed a complaint under Item 1(a), (b), (c), (d) and (f) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 complaining of unfair labour practices on the part of the respondent.