R. Vs. Raveendran, J. - (1.) Leave granted. Heard learned counsel. The appeals involve a common question. Kashinath, Keshab Lal Shaw, Shambu Nath and Bhupen Lal (the fourth respondent in the four appeals) were workmen of the appellant.
(2.) The first three appeals relate to a charge-sheet dated 7.6.1990 issued to Kashinath, Keshab Lal Shaw and Shambu Nath alleging that on 2.6.1990, they along with some other workmen kept the General Manager of the company (S. R. Singh) under wrongful confinement, misbehaved with him and used filthy language and threatened to assault him physically if the charge-sheet cum suspension earlier issued to some workmen was not withdrawn. It was also alleged that on 6.6.1990 the said workmen again kept the General Manager (S.R. Singh) under wrongful confinement in the Spinning Department and later at the Mill office and threatened him with dire consequences if the charge-sheet cum suspension in respect of one Jayaram was not withdrawn immediately; and that they also used filthy language against him, shouted derogatory slogans and even prevented him from attending to calls of nature. An enquiry was held into those charges and the Enquiry Officer submitted a report dated 16.12.1990 holding them guilty of the charges. Thereafter by orders dated 21.12.1991, the appellant informed the said three workmen that the management had considered and accepted the 8 proceedings and findings of the Enquiry Officer, and having found that there were no extenuating circumstances, had decided to dismiss them from service for proved misconduct with effect from that date.
(3.) The facts in the last appeal relating to Bhupen Lal are similar. He was issued a charge-sheet dated 14.5.1991 alleging that earlier on the same day, he was sitting idle and smoking in the vice room of the spinning department, and when he was asked by the Chief Engineer to attend to his job, he failed to comply; and later, he followed the Chief Engineer to the batching line and started abusing him in filthy language and threatened him with dire consequences and also tried to physically assault the Chief Engineer but was prevented by other workmen and the said acts constituted a misconduct. After holding an inquiry, the Enquiry Officer submitted a report dated 7.7.1991 holding the fourth respondent guilty of the charge. Thereafter the General Manager by letter dated 19.7.1991 informed the workman that the management has agreed with the said findings of the Enquiry Officer and there were no extenuating circumstances in his favour and consequently he was dismissed from service with effect from that date.;