S. PARTHASARATHY (W.P. NO. 559 OF 1981) AND M. DURAI (W.P. NO. 617 OF 1981) Vs. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF RAILWAYS, NEW DELHI AND OTHERS

JUDGEMENT

(1.) W.P. No. 559 of 1981:

(2.) Padmanabhan, J. - The petitioner originally joined the railways as a Khalasi. At the relevant period he was working as a Junior progress-man. While so on 22-11-1981 the Works Manager, Plant, Carriage Works, Personnel, Southern Railway, Perambur, the third respondent herein, called the petitioner and asked his explanation regarding the reports that he had, during a gate meeting held on 6-1-1981 and 7-1-1981, instigated the staff regarding stoppage of trains. According to the petitioner, he gave an answer that he never instigated the workers for the stoppage of trains. On the same day, the third respondent passed an order stating that the petitioner had instigated "the staff during the gate meeting on 6-1-1981 and 7-1-1981 to stop the trains and consequently the petitioner was not fit to be retained in service. Accordingly, he directed the removal of the petitioner from service with effect from 22-1-1981. It is, in these circumstances, the petitioner has filed this writ petition. W. P. No. 617 of 1981 :

(3.) The Petitioner herein joined the railways as a Khalasi. At the relevant period he was working as a HS Rivetter Plater Gr. II. While so on 22-1-1981 the third respondent passed an order removing him from service on the ground that he took active part in stopping trains at Avadi on 21-1-1981 from 6.40 hrs. to 11.00 hrs. affecting the movement of essential goods to community, and also causing great inconvenience to public at large. Hence the petitioner has filed this writ petition challenging his removal from Service.