TAMIL NADU AGRICULTURAL UNIVERSITY NON TEACHING STAFF ASSOCIATION COIMBATORE Vs. REGISTRAR TAMIL NADU G D NAIDU AGRICULTURAL UNIVERSITY COIMBATORE

JUDGEMENT

(1.) THE writ petition is for the issue of writ of certiorari to call for the records of the impugned proceedings No.R2.B.M.VIII.23/90 dated 12.11.1990 of the Tamil Nadu G.D.Naidu Agricultural University insofar as it relates to Non-Teaching Staff Association issued by the first respondent and quash the same.

(2.) THE writ petition has been filed by the Secretary of the Tamil Nadu Agricultural University Non-teaching Staff Association, coimbatore aggrieved by the order of the first respondent issued in proceedings No.R2.B.M.VIII.23/90 dated 12.11.1990 categorising almost all the non-teaching staff as essential services and also declaring that the employees of non- teaching staff classified under the essential services, who are involved in the illegal activities including strikes are liable for immediate suspensio n without following the usual procedure and steps. THE case of the petitioner's Association is that they have been making representations for improving the conditions of the non-teaching staff who are making some demands. Negotiations have been held between the Association and the University Authorities. Later, the association gave a notice of strike with effect from 6.8.1990 and went on strike which was subsequently called off on 21.9.1990. THEre seems to be some settlement between the petitioner's association and the respondent university but the settlement was not given full effect by the second respondent. It is averred in the affidavit filed in support of the writ petition that on 12.11.1990 the impugned proceedings were issued by the respondents. In the impugned proceedings, the non-teaching staff has been classified as "Essential Service" along with the teaching staff. THE impugned proceedings also contained the decision of the university that the employees classified as "Essential Service" who are involved in the illegal activities including strike are liable for immediate suspension without following the usual procedure and steps. THE further case of the petitioner is that the impugned proceedings affect the interest of the association and aggrieved by the same they have filed the present writ petition.

(3.) IN view of the above observations made by the Apex Court it has to be held that there is no fundamental right to strike in the Act 59 of 1968.relied upon by the petitioner. There is no provision restricting freedom of speech and expression, nor is there any provision therein which restricts any one from assembling peaceably and without arms. Consequently, the impugned proceedings No.R2 B.M. VIII. 23 of 1990 dated 12.11.1990 issued by the Board of Management of the University is quashed. The writ petition is allowed. No costs. W.M.P.No.29908 of 1990 is closed.