MUTHU K Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE above writ petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the first respondent in I. D. No. 163 of 1995 dated December 12, 1995 and quash the same. On October 1, 2004, when the above matter has been taken up for consideration, no representation was offered on the part of the petitioner in spite of the learned counsel for the second respondent is present and ready to argue the matter and hence this court is left with no choice but to reserve the orders in the above writ petition for appreciation of the facts and circumstances of the case, after hearing the learned counsel for the second respondent and on perusal of the materials placed on record.

(2.) IN the affidavit filed in support of the above writ petition, the petitioner would submit that he joined the Spinning Department of the second respondent Management on July 10, 1987; that he joined the Coimbatore Textile workers Union, which is affiliated to the Hind mazdoor Sabha, along with 125 employees of the second respondent; that on May 22, 1992, all the newly joined members of the said Union conducted a flag hoisting programme opposite the second respondent Mill and he was elected as an Office Bearer of the said Union; that the second respondent-Management disliked his active participation in the Union and on May 22, 1992 he was removed from service by an oral order without serving any notice or conducting any domestic enquiry and simultaneously, on May 23, 1992 the second respondent-Management also removed the flag post through their coolies for which he lodged a police complaint against the second respondent Management; that on June 5, 1992, he addressed a letter to the Manager of the second respondent-Management requesting to allow him for work.

(3.) THE petitioner would further submit that again on June 1, 1992, on behalf of the union, he arranged a flag hoisting programme opposite the Mill and the Management attacked the Union workers with some rowdy elements who used dangerous weapons including cycle chain as a result of which the members of the union received grievous injuries and hence he lodged a police complaint before the. Vedasandur Police Station; that once again on july 28, 1992, he arranged a flag hoisting programme with the legal permission opposite the second respondent Management and knowing the programme, the second respondent-Management has lodged a false complaint before the Police against the petitioner and others as a result of which the police arrested the petitioner and five others on july 27, 1992; that even with the full tolerance of the above arrest incident, on July 28, 1992, the flag hoisting programme was peacefully conducted by the Union with the help of police protection; that the coolies of the second respondent-Management pelted stones on the union Members who were returning from the flag hoisting programme and they received grievous injuries due to the above attack instigated by the Management and the police also caused injuries due to unruly attack by the coolies of the Management; that immediately, the police entered the second respondent-Management Mill and also arrested 25 coolies of the Management; that for the above incident, the Management made a false, complaint against 115 Union Members.