- (1.) OF these four writ petitions, Writ Nos. 433/82 and 1025/82 arise out of Award dated January 20, 1982 passed by the Industrial Tribunal-cum-Labour Court, Kota in Reference Case No. 89/78 and Writ Nos. 434/82 as well as 1039/82 arise out of Award dated January 20, 1982 of the Industrial Tribunal-cum-Labour Court, Kota given in Reference Case No. 90/78. Although these four writ petitions relate to two workmen, Shri Makhanlal Gupta and Shri Har Prasad Saxena, the facts of all the cases relate to one common incident and the questions which have been raised in these writ petitions are identical. I am, therefore, disposing of all the four petitions by a common order.
(2.) FACTS which are necessary for the decision of these four writ petitions are that Makhanlal Gupta was appointed as Head Jobber in the service of Rajasthan Textile Mills Ltd. Bhawani-mandi, a Unit of M/'s. Sutlej Cotton Mills Ltd. Har Prasad Saxena was appointed as Ring Sider in the service of Rajasthan Textiles Mills Ltd. , Bhawanimandi with effect from January 1, 1963. Both the employees were charge sheeted vide charge sheets dated November 1, 1971. The allegations levelled against the workmen were that they had taken part in an illegal strike; they had incited the workers to go on strike and had prevented loyal workers from going on work. The workmen denied the allegations. Thereafter domestic inquiries were held against both of them. On the basis of report submitted by the Inquiry Officer, the employer passed orders dated December 25, 1971 and removed the workmen from service. Applications were filed by the employer under Section 33 (2) (b) of the Industrial Disputes Act, I947 (for short 'the Act, 1947') before the Labour Court, Jaipur for approval of its action of terminating the services of the workmen. These applications were dismissed by the Labour Court, Jaipur vide orders dated July 2, 1974 on the ground that the workmen were not the concerned workmen.
(3.) THEREAFTER the Rajasthan Textile Mazdoor Panchayat espoused the cases of the two workmen. Conciliation proceedings held by the Conciliation Officer failed and thereafter the State Government in exercise of its power under Section 10 (1) of 1947 Act made a references on December 5, 1978 to the Labour Court-cum-Industrial Tribunal, Kota for adjudication of the disputes regarding termination of services of the two workmen Makhanlal Gupta and Har Prasad Saxena.;