CHAIRPERSON Vs. Y CHINA SAMBASIVA RAO

JUDGEMENT

(1.) THE petitioner herein assails a common order, dated 24/11/2006, passed by the Labour Court, guntur, in l. D. Nos. 234 and 235 of 2002, by filing these two writ petitions. The industrial Disputes were raised by one Sri balasubrahmanyam Chandra Kaladharan and Sri Y. China Sambasiva Rao, challenging the orders of their removal, on disciplinary grounds. For the sake of convenience, these two employees are referred to as respondents 1 and 2, respectively.

(2.) THE petitioner is a Mutually Aided co-operative Society, having its branches at various places. The owners of the lorries in the area are the members of the petitioner society, and it was established with an object of providing service to the vehicles owned by its members. The 1st respondent was initially appointed as a Sales Clerk, and thereafter promoted to the posts of Store keeper, Assistant Branch Manager, and ultimately, as Branch Manager. By 22. 4. 2002, his salary was Rs. 5,252/- per month. The 2nd respondent was initially appointed as Pump Operator, and thereafter earned promotions as Sales Clerk, Store keeper and Assistant Manager. His emoluments till 22. 4. 2002 were Rs. 4,394/-per month. Both of them were working by that date, at Gollapudi Branch.

(3.) CHARGE-SHEETS, dated 16. 5. 2002, were issued to both the respondents, alleging that on 18. 4. 2002, the Stores Director, by name Sri P. Naga Bhushanam, inspected the stores at Gollapudi Branch, and he found that the cleaner of the Diesel Tanker was pouring buckets of water into it, and when asked, he is said to have replied that respondents 1 and 2 are selling different quantities of diesel oil outside, and to replenish the same, water was being poured into tanker. Respondents submitted their explanations, and thereafter, domestic enquiry was conducted. The charges levelled against the respondents were held proved, and ultimately, vide separate orders, dated 16. 10. 2002, the respondents were dismissed from service. Aggrieved thereby, the respondents raised industrial disputes, under section 2-A (2) of the Industrial Disputes act (for short "the Act" ).