PRABHAKAR SHAMRAO MARATHE Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this petition the petitioners have sought a writ of certiorari or an appropriate writ, order of direction for quashing them orders passed by respondent No. 2 in Complaints (IT) Nos. 82 to 88 of 1969 References (IT) Nos. 317 and 394 of 1966. The order of respondent No. 2, which is impugned, has been published in the Maharashtra Government Gazette, dated August 28, 1969 (exhibit "G" to the petition). The petitioners have also sought a direction against respondent No. 1 to reinstate the petitioners; but this part of prayer (a) has not been pressed before us and it has been very fairly submitted that if the impugned order is quashed, the matter must go back to respondent No. 2 or his successor.

(2.) In order to appreciate the rival contentions the following facts may be stated : The seven petitioners before us were the employees of respondent No. 1, viz., the Maharashtra Electricity Board, a Board constituted under the Indian Electricity Act, 1948. At the relevant time the petitioners were residents of Sangli and working in various capacities as employees of respondent No. 1, It appears that all of them were members of a trade union known as the "Maharashtra Rajya Vij Mandal Nokar Sangh".

(3.) On February 6, 1967, a number of employees of respondent No. 1 went on strike, and this strike continued for some period. On March 3, 1967 about 200 workmen of respondent No. 1 had gathered at the Vishram Baug Sub-station in Sangli. At about 5-30 p.m. when some engineers of respondent No. 1 wanted to go a place called Budhgaon for repairs to the electric line, the strikers, who had gathered on the road, began shouting slogans and attempted to prevent the officers of respondent No. 1 from proceeding to Budhgaon. There was also considerable damage caused to the jeep in which the engineers were to travel to Budhgaon. On these allegation the seven petitioners along with other were prosecutet before the Judicial Magistrate, First Class, Sangli, in Criminal Case No. 229 of 1969. The learned Judicial Magistrate convicted at the thirteen a caused before him under S. 341 read with S. 149 of the Indian Penal Code and sentenced each of them to pay a fine of Rs. 51, in default to suffer simple imprironment for two weeks. The thirteen accused thereafter preferred appeal to the Sessions Court at Sangli, which was heard by the learned Additional Sessions Judge, Sangli. That learned Additional Sessions Judge in Criminal Appeal No. 126 of 1968, acquitted five of the appellants before him, viz., original accused Nos. 5, 6, 8, 12 and 13, and confirmed the convictions and the sentences passed on the others. It appears that thereafter the eight accused, whose convictions were confirmed and sentences maintained by the learned Additional Sessions Judge, came to this Court in revision; and in the said revision application, being Criminal Revision Application No. 144 of 1969, five of the eight accused (whose convictions had been maintained by the lower appellate Court) were acquitted. These five accused who were acquitted by the judgment and order of P. S. Desai, J. (in Criminal Revision Application No. 144 of 1969) were petitioners Nos. 1, 5, 6, and 7. The High Court declined to interfere with the convictions and the sentences imposed on petitioners Nos. 2 and 4 who were original accused Nos. 7 and 10. The conviction of original accused No. 9 was also sustained by the High Court; he is, however, not a party to the present proceeding before us.