M MUTHIAH Vs. BALMER LAWRIE AND CO LTD

JUDGEMENT

(1.) THIS Writ Appeal is directed against the order, dated 9.6.2010 in W.P.No.11737 passed by the learned single Judge, dismissing the writ petition filed for quashing the suspension order, dated 7.1.2009 and charge memo, dated 7.3.2009 issued to the appellant.

(2.) THE appellant is the General Secretary of Balmer Lawrie Group Assistants' Association. While he was working as Deputy Manager (P&A), by proceedings, dated 7.1.2009 the second respondent placed him under suspension alleging that he committed certain acts of omissions and misconducts as specified in Clause 26 of the Conduct, Discipline and Review Rules applicable to officers of the Company. THEreafter, by proceedings, dated 7.3.2009, the appellant was issued charge memo alleging that he acted in a manner prejudicial to the interests of the company, absented from duty without prior permission or sufficient cause and prevented officers from performing their duty on the 'one day strike' i.e. on 7.1.2009 declared by the Oil Sector PSU Officers' Association, of which, Balmer Lawrie Group Assistants' Association is a constituent and that he stood outside the office building at 628, Anna Salai, Teynampet, Chennai and incited the officers reporting for duty in the general shift that in view of the call for strike by the said Association, they should not go to the office and work. He also created hurdle in the main entrance to the office building, which prevented the tenants in the building and clients and customers of the company from entering the building. According to the first respondent, already by its circular, dated 5.1.2009 they have informed the officers that since action had already been initiated to implement the pay revision of the officers, there was no rationale to proceed with the strike.

(3.) WHILE holding so, the learned Judge dismissed the writ petition permitting the appellant to raise same contentions before the Enquiry Officer. Aggrieved by the order of the learned Judge, the appellant has come forward with the present writ appeal.