( 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.

( 4 ) THE charges leveled against R2 in w. P. No. 14538 of 1996 are as follows: (1) That on 24. 12. 1991 at 9. 30 a. m. during your shift working hours from 7. 00 a,m. to 3. 00 p. m. , you along with Sri j. Veeranna, Sri M. Yadagiri, Sri K. Narasa Reddy, Sri K. Ranganath, sri K. Shivanna, Sri Md. C. Ibrahim, sri D, Yadaiah, Sri E. Krishna Rao and Sri B. Rajaiah and Sri D. Narasimha. All of whom are workmen employed by the company, left your place of work formed yourselves into an unlawful assembly, joined the altercation and the fight in which shekhar Reddy and Satyanarayana were involved freely exchanged fists and blows with the other workmen engaged in the fight causing injuries to them. It is also reported that you used pieces of wood etc. , lying nearby in the course of the fight. (2) As a result of your unruly, indiscipline and riotous behaviour the work came to a standstill and several workmen received injuries. (3) The fight in which you are reported to have been involved continued till the management sought police help to stop the same. The charges leveled against R3 in the same writ petition are as follows: (1) That on 24/12/1991 at 9. 30 a. m. , during your shift duty hours from 8. 30 a. m. to 5. 00 p. m. , you are reported to have picked up an argument purposely with Sri C. Satyanarayana a co-worker working in the same section abused him in vulgar language and started beating him which resulted in commotion. (2) As a result of your above behaviour the workmen took aides and fighting started inside the section resulting in injuries to some workmen. As the management could not put a stop to the fighting which continued they had to seek police help to restore order. The above action on your part if proved will amount to an act subversive of discipline and an act of serious misconduct under Rule 20 (k) of the 20 (x) of the certified model standing orders of the Company. The charges leveled against the 2nd respondent in W. P. No. 16020 of 1996 are as follows: (1) That on 24. 12. 1991 at 9. 10 a. m. , during your shift working hours from 7 a. m. , to 3 p. m. , you along with sri V. Veeranna Sri Md. Shubhan Sharif sri M. Yadagiri Sri