R.S. BHATTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Briefly stated, the facts are that the petitioner was employed as Executive Engineer in Haryana State Electricity Board, Thermal Power Station, HSEB, Faridabad (for short, "the Board") in February, 1997. He was the General Secretary of Haryana State Electricity Board Engineers Association while Sh. O.P. Verma was the President of the said Association. On 3.1.1997, Haryana Government, in exercise of powers under the Haryana Essential Supplies Maintenance Act, 1974, prohibited strike in the Board. On 16.1.1997, the Board, following the said notification of the Haryana Government, issued a circular prohibiting strike in the Board.

(2.) In January, 1997, a call for one day strike on 13.2.1997 in all Government offices of Haryana was given by the Haryana Sarav Karamchari Sangh. Later on the Joint Action Committee, Haryana Sarav Karamchari Sangh, Karamchari Mahasangh and Haryana State Electricity Board Workers had given a call for strike on 6.2.1997 (2nd half), 13.2.1997 and Dharna in front of D.C. Office on 27.2.1997.

(3.) The Engineers Association or the petitioner was not a party to the call and did not participate in the strike. The Board issued instructions to the field staff asking the Engineers to discharge duties, perform functions in place of the technical workmen. The Engineers feared that handling of costly equipments without training may not only be risky but may also cause more loss in terms of damage to the equipment for lack of experience and communicated their apprehension to the Association.