Tulzapurkar, J. - (1.) The principal question raised for our determination in these appeals is:Whether on its proper construction the certified Standing Order 17 provides for second opportunity being given to a workman after conclusion of the enquiry into his misconduct and before inflicting on him the punishment of dismissal and if so whether the enquiry gets vitiated by not affording him such opportunity
(2.) Facts giving rise to the question may be stated. The Associated Cement Companies Limited (hereinafter called 'the appellant') has quarries worked by its department called Kymore and Bamangaon Lime-stone Mines at Kymore, District Jabalpur, M. P. Workers employed in the said quarries have a union called Kymore Quarry Karamchari Sangh and the four concerned workmen Rama Shanker, Barmapradhan, Emmanuel and Mohd. Rauf (hereinafter called 'the respondents) were at the material time the office-bearers in the union.
(3.) In connection with the implementation of the recommendation of Second Central Wage Board for the cement industry, after serving a strike notice on the management of the appellant on 13th September; 1968, the Karamchari Sangh and all its members went on a strike for 24 hours commencing from the midnight of 19th September 1968 which was accompanied by acts of intimidation, threats, gheraoes and unlawful obstruction. According to the management before the commencement of the strike two meetings were organized by the respondents, one at 4 P. M. and the other at 11 P. M. on 19th September at which fiery speeches were made by them wherein they not only instigated the quarry workers to resort to strike but intimidated and prevented the willing workers from going to their work and threatened the supervisory staff and officers with dire consequences if they tried to work the quarries and what is more from the midnight of 19th September till 4.30 A. M. on 20th September the quarry Manager and the supervisory staff were ghearoed and at 4.30 A. M. the Agent's car slopped at the gate and he was unlawfully obstructed from visiting the quarry premises. Since resorting to a strike without giving 14 days' prior notice as also the aforesaid acts on the part of the respondents amounted to serious misconduct under the certified Standing Orders applicable to the quarries the Management served charge-sheets dated 3rd of October, 1968 on the respondents in which four common charges were levelled against all of them; in addition a fifth charge was levelled against two of them Emmanual and, Mohd. Rauf; and yet another 6th charge was levelled against Mohd. Rauf. The common charges were (a) themselves going on strike without 14 days' prior notice, (b) inciting and instigating other workers to go on strike, (c) gheraoing the Quarry Manager and other supervisory staff between midnight and 4.30 A. M. on 20th September and inciting others to gherao the said staff and (d) forcibly and unauthorisedly occupying the area near the quarry canteen between 4 P. M. on 19th Sept. and 1 A. M. on 20th Sept. and installing and using loud speakers for inciting the workers. Shri Emmanual and Shri Rauf were further charged with threatening the gheraoed staff with dire consequences, if they moved out; and Mohd. Rauf was charged in addition for having restrained the Quarry Agent from entering the quarry premises. The respondents were called upon to submit their explanation in respect of the charges to the General Manager which they did; in their Explanations they by and large denied the charges levelled against them. A departmental enquiry was held against them by Shri H. S. Mathur during the course of which at one stage the respondents withdrew from the enquiry on 24th October, 1968 on the plea that the Quarry Agent should be examined first which was not being done, whereafter the enquiry proceeded ex parte and on a consideration of the entire evidence led before him the Enquiry Officer came to the conclusion that the first three charges were full proved and the fourth charge was partly proved against all 'the respondents while the additional charges against Emmanual and Mohd. Rauf were also proved. 'The Enquiry Report was forwarded to the General Manager who after considering the same and after taking into account the previous service record of the respondents by his order dated 31st December, 1968 dismissed the respondents from service. That order was served on the respondents on 30th January. 1969.;