S S MIRANDA LIMITED Vs. RANGBAHADUR SINGH

JUDGEMENT

(1.) RULE. Respondents waive service. By consent heard forthwith.

(2.) BOTH these petitions are being disposed of by a common judgment though they arise from two references. The incident in respect of which the respondents in both the cases were charge sheeted and the date of the incidents are the same. The evidence is also the same. Questions of law that arise for consideration are the same and consequently this common judgment.

(3.) SEPARATE Charge Sheets were issued to the respondents in both the cases which are dated 26th September, 1986. It was therein alleged that on 23rd September, 1986 the Charge Sheeted workmen not only resorted to but also instigated others to strike without notice and further gherao and instigated other workers to gheraoed Shri Wagle. It is then contended that the respondents workers along with few others indulged in disorderly and indisciplined behaviour. The next incident alleged is of 24th September, 1986 wherein it is alleged that when the Works Manager, who had issued the charge sheet went for a round on the shop floor the respondent workers instigated other workmen to hoot and shout at the Works Manager. The workers were charge sheeted under the Model Standing Orders 24 (b), 24 (k) and 24 (l ). An enquiry was conducted. Based on the enquiry the services of both the respondents came to be terminated.