ORDER

1. Regard being had to the similitude of the controversy involved in the present cases, with the joint request of the parties, these Miscellaneous Petitions are finally heard and decided by this common order.

Impugned Award of the Labour Court :

2. The petitioner D & H Secheron Electrodes Pvt. Ltd. (hereinafter referred to as “ the Employer”) has filed the writ petitions (hereinafter referred to as “SET-A”) challenging the order dated 16.2.2022 whereby the Departmental Enquiry was vitiated as illegal and award dated 28.4.2023 was passed whereby respondent has been directed to reinstate the employees with 50% back wages.

3. Another set of writ petitions (hereinafter referred to as the “SET-B”) are filed by respondents (hereinafter referred to as “the workmen”) challenging the award dated 28.4.2023 to the extent of grant of 50% back wages against their claim of 100% back wages.

Factual background :

4. The Employer is a company engaged in the business of manufacturing and sale of different grades of electrodes in its manufacturing unit at 44-46 Industrial Area, Killa Maidan, Indore (M.P.). In the year 2014-15, there was a demand made by workers/ employees through the Registered Trade Union for their wage revisions from the employer. The workmen were the office bearers of the trade union. The Employer was served with the letter of demand by the Union and because of the delay in consideration, there was some agitation going on in the factory premises. On 18.7.2015, the workmen entered into the cabin of Shri M.D. Khatri, the Managing Director misbehaved with him. They vandalized the cabin and manhandled him Thereafter, they caught hold of Piyush Panthari, Executive Assistant of the Vice Chairman and Prakash Ramani when they were working in the Plant, abused them and beaten up threatening to see the dare consequences if their demands were not fulfilled.

5. The Employer lodged a police complaint against them. The injured executives were sent to the hospital for medical treatment. Thereafter, charge-sheets were served to the workmen and after that regular enquiry was conducted. After submitting the enquiry report, the management took a decision to terminate the services of workmen. The respondent workmen raised an industrial dispute before the Labour Court Indore which was registered as Reference Case No.91/ID/2016. The Employer submitted a written statement to contest the reference.

6. The workmen challenged the illegality and validity of the Domestic Enquiry hence the learned Labour Court took up the same as the preliminary issue. Vide order dated 16.2.2022, the Learned Labour Court has held that the domestic enquiry is vitiated. The employer sought an opportunity to prove the misconduct before the Labour Court. The petitioner in order to prove the charge-sheet against the workmen examined Piyush Panthari and Prakash Ramani and in rebuttal, the workmen examined themselves. The Learned Labour Court recorded the findings that these workmen manhandled Piyush Panthari and Prakash Ramani and found the charges proved against them however, by relying on a judgment passed in case of Nicholas Piramal India Ltd. v Hari Singh in Civil Appeal No.4436 of 2010 has ordered for reinstatement of employee with 50% back wages vide impugned award dated 28.4.2023 hence, SET-A Writ Petitions before this Court.

7. The workmen have filed SET-B writ petitions challenging the findings recorded by the Labour Court whereby the charges were found proved and awarding only 50% of back wages. According to the workmen, no such incident has taken place, there is no medical evidence in support of the injuries sustained by these two witnesses, and no medical report was filed before the Court. So far as the FIR is concerned, nothing is on record about the final status of the trial, therefore, the Learned Labour Court has wrongly recorded the findings against the workmen, and they are entitled to be reinstated with full back wages.

Submissions of the parties:

8. So far