BARIGALA SAILU Vs. SINGARENI COLLIERIES COMPANY LIMITED KOTHAGUDEM

JUDGEMENT

(1.) In these two writ petitions the Circular No.P.14/2643/IR/188 dated 11-2-2000 issued by the 1st respondent and consequential charge-sheets issued for disobeying the instructions are challenged. Since the issue involved in both the writ petitions is one and the same, they are heard together and disposed of by this common order.

(2.) The facts leading to filing these writ petitions are as under:

(3.) In W.P.No.1977 of 2001 the 1st petitioner is working as Head-Overman under the control of the 3rd respondent and the 2nd petitioner is working as Welder under the control of the 4th respondent. Both the petitioners are residents of Kothagudem town. While so, the 2nd respondent issued impugned circular dated 11-2-2000 imposing restriction on the employees of the Company from contesting in the elections to the Parliament/Legislative Assembly/ Municipalities/Panchayat Raj Institutions and other local bodies while continuing as employees of the Company. The said circular further states that if an employee wishes to contest in any of the abovementioned elections, he has to submit unconditional resignation before filing his nomination. It is also stated that the respondent-Company also assured to the trade unions that the said circular will not be given effect to. Meanwhile, the election process to the Kothagudem Municipality was already commenced and the election to the said Municipality was taken place on 9-3-2000. The petitioners, who have contested as Ward Councillors from Ward Nos. 16 and 17 of the Kothagudem Municipality have won the election. The 1st petitioner was also elected as Vice-Chairman of the said Municipality. While so, the petitioners 1 and 2 were served with charge-sheets dated 26-7-2000 and 25-7-2000 respectively proposing to take disciplinary action against them,