CENTRAL ORGANISATION OF TAMIL NADU ELECTRICITY EMPLOYEES Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD MADRAS

JUDGEMENT

(1.) THE petitioner has filed the above writ petition to issue a Writ of Mandamus forbearing the respondents and their subordinate authorities from initiating disciplinary proceedings against the participants in the Dharna held on 27-7-1990 in pursuance of the Memo No. 065533/470/1. R4 (I) dated 24-7-1990 passed by the first respondent herein.

(2.) THE petitioner Union is a registered one under the Trade Unions Act. THE Union raised certain demands on the respondents. As the respondents failed and neglected to find amicable settlement by taking unhelpful attitude during negotiation, the talks failed with the result the Union decided to register its protest and decided to agitate in three stages, namely, by staging demonstration in front of divisional offices in January 1990, taking procession in February, 1990 and resorting to Dharna in March, 1990 Since the respondents did not show any interest in settling the dispute, the Union decided to stage Dharna on 20-7-1990 but it was postponed to 27-7-1990. THE members of the petitioner Union participated in Dharna. THE casual leave applications said to have been submitted on the previous day were rejected. However, they were not informed at the time of participating in Dharna that their leave applications were rejected. THE first respondent issued a Circular on 24-7-1990 intimating7 that the members of the Union have announced their intention to stage Dharna on 27-7-1990 and also directing their subordinates to refuse leave and also they should not claim wages to the participants on the principle of ?No work, No Wages.? By reason of the members of the petitioner Union participating in Dharna, the respondent took steps to initiate disciplinary proceedings. It is in these circumstances, the petitioner has filed the above writ petition for the relief aforesaid.