HYDERABAD PLYWOOD INDUSTRIES PRIVATE LIMITED NACHARAM R R DIST A P Vs. PRESIDING OFFICER LABOUR COURT III HYDERABAD

JUDGEMENT

(1.) As the issues that arise for consideration in these two writ petitions are one and the same, they are dealt with by a common order. These writ petitions are filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to quash the common award dated 29.3.1996 in ID Nos.666 of 1992 and 668 of 1992 on the file of Presiding Officer, Labour Court ffl, Hyderabad, in directing the writ petitioner to reinstate R2 and R3 into service. Aggrieved by the same, W.P. No. 14538 of 1996 is filed by the writ petitioner-Management. Aggrieved by the award, dated 6.4.1996 in I.D.No.669 of 1992 directing the writ petitioner to reinstate into service with continuity of service, writ petitioner-Management filed W.P. No. 16020 of 1996.

(2.) The brief facts that are necessary for disposal of these writ petitions may be depicted as follows:

(3.) The petitioner is a Private Limited Company duly incorporated under the Companies Act, 1956, having its registered office at Nacharam, I.D.A., Hyderabad and is engaged inter alia in the business of manufacture and sale of plywood for which purpose, it has set up its factory at Nacharam. It employs 84 workmen at its factory who have been in existence since 25 years. R2 and R3 in W.P. No. 14538 of 1996 and R2 in W.P. No. 16020 of 1996 who are workmen working in the petitioner's factory along with another workman, viz., B.Rajaiah reported to have committed serious acts of misconduct i.e., on 24.12.1991 at about 9.30 a.m. when they were in first shift they left their work- spot, formed into unlawful assembly and joined in an altercation wherein, co-workers Shekar Reddy and Satyanarayana were freely exchanging fist blows with the other workmen engaged in the fight and caused serious injuries.