MANORAMA MOHAPATRA SMT Vs. COLLECTOR

JUDGEMENT

(1.) THIS is a writ petition registered on the basis of a fax message which was received by the Hon'ble the Chief Justice on May 4, 2000. There are six signatories to the said message. Affidavits affirmed by Ms. Manorama Mohapatra, Sangram Keshari Mishra and Netra Mohan Satpathy have been filed on May 10, 2000 admitting that on May 4, 2000 such a fax message was sent by them. The matter came up on May 5, 2000 for admission before a Bench consisting of the Hon'ble the Chief Justice and one of us (Hon'ble R. K. PATRA, J. ). On that day the following order was passed.

(2.) WE have heard Sri B. B. Ratho, learned senior Counsel for the writ-petitioners (signatories to the Fax message), Sri S. K. Nayak, Additional Government Advocate for the Collector and Superintendent of Police, Cuttack, Sri Jagannath Patnaik, learned senior Counsel and Sri S. K. Sanganeria for the interveners as well as Sri B. K. Mohanti, learned senior Counsel and President of the Orissa High Court Bar Association. We have also gone through the notes of submission filed on behalf of the writ-petitioners on May 11, 2000. It is not clear whether copies of the notes of submission were circulated to the other counsel.

(3.) IT was stated in the fax message that the Samaj is a premier daily news paper printed and published from Cuttack since 1930 and is owned and managed by the servants of the People Society, New Delhi. The Press, office, Guest House and some residential quarters are located inside the Gopabandhu Bhavan Premises, Buxi Bazar, Cuttack. There is a registered trade union of the employees of the Samaj in the name and style of Utkalmani Newspaper Employees' Association. On the basis of allegation of misconduct against its President Debadarshi Nayak, General Secretary, Ashok Rath and four other mazdoors, orders of suspension have been passed and disciplinary proceedings have been initiated against them in the month of May 1999. The domestic enquiry has been completed. In the meantime the employees' association demanded for lifting of suspension orders and to drop the disciplinary proceedings. Since May 2, 2000 the employees have resorted to lightning strike and have been squatting in front of the gate of the establishment. They besides abusing the persons in the management are not allowing the signatories of the fax message to go out of the premises, who are thus wrongfully confined. It has been alleged that water and electricity supply to their residential houses have been disrupted and though this fact was brought to the notice of the Superintendent of Police and the Collector and although police are posted they are behaving like silent spectators and not giving any protection to them and their family members residing within the premises of the establishment. Prayer has been made in the fax message that appropriate direction should be given to the Collector and District Magistrate and the Superintendent of Police, Cuttack to protect their "life, liberty and properties and to prevent unlawful assembly near Gopabandhu Bhavan and in front of it and take preventive measures to avoid breach of the peace. "