PARKASH CHANDER Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) TULI , J This judgment will dispose of 217 Writ Petitions Nos. 4794, 4943, 4944, 5739, 5754, 5768, 5769, 5773, 5833, 5849 to 5857, 5866, 5899 to 5904, 5922, 5929 to 5932, 5934 to 5936, 5967, 6065 to 6078, 6080 to 6085, 6087 to 6092, 6121 to 6134, 6137, 6138, 6140 to 6141, 6173 to 6179, 6182 to 6190, 6193 to 6196. 6198, 6199, 6201 to 6203, 6205, 6206, 6308 to 6315, 6317 to 6324, 6326 to 6330, 6382 to 6385, 6418 to 6423, 6465a, 6484 to 6486, 6411 to 6492, 6495, 6496, 6498 to 6501, 6507, 6509 to 6512, 6514 to 6516, 6630, 6635, 6636, 6638 to 6642, 6644, 6685 to 6687, 6689, 6693, 6697 to 6699, 6701, 6703 to 6706, 6712, 6714 to 6716, 6718, 6719, 6739, 6743 to 6745, 6755, 6757 6758, 6900, 6902 to 6905, 6907 to 6914 and 6917 to 6919 of 1974 as common questions of law and fact are involved.

(2.) THE brief facts are that the petitioners woe employees of the Haryana State Electricity Board, either temporary or substantive, and in pursuance of the call of the Union they went on strike with effect from April 25, 1974. They then went to Delhi to hold demonstrations in order to bring pressure on the management of the Board to concede their demands and to invite the intervention of the Central Government in the matter. In Delhi there was already in force an order under Section 144 of the Code of Criminal Procedure prohibiting such demonstrations and assembly of more than five persons. The petitioners deliberately defied that order and thus committed an offence under Section 188 of the Indian Penal Code. They were arrested and tried in the Court of the Metropolitan Magistrate, New Delhi. They were convicted and sentenced to various terms of imprisonment. The strike was withdrawn on May 15, 1974, and the petitioners thereafter re-ported for duty, but they were not allowed to resume duty. On various dates the appointing authorities of the petitioners issued orders terminating their services under Regulation No. 13 (i) of the Punjab State Electricity Board (Punishment and Appeal) Regulations, 1965 (hereinafter referred to as the Regulations) as adopted by the Haryana State Electricity Board (hereinafter called the Board ). One such order is as under :-

(3.) THE first point for determination is whether the petitioners had a right to file these writ petitions under Article 226 of the Constitution and whether this Court can make an order or direction for their reinstatement? There is no dispute that the Board is a statutory Corporation established under Section 5 of the Act and is 'the State' for the purposes of Part III of the Constitution as it falls within the category of 'other authority' mentioned in the definition of 'the State' in Article 12, but for no other purpose. Article 311 of the Constitution does not apply to the employees of this Board. The employees of the Board are, however, entitled to the fundamental rights guaranteed in Part III of the Constitution and have the right to enforce the same. The learned counsel for the Board has relied on the following judgments :-1.