KASHMIRA SINGH Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This judgment will dispose of 57 writ petitions bearing Nos. 4932, 5137, 5138. 5228, 5400. 5590. 5823 to 5831, 5874 to 5876, 5878, 5923 to 5925, 5927, 5928. 5960, 5962, 6136. 6139. 6191, 6200, 6407 to 6414. 6416. 6417 6483, 6494, 6508. 6633, 6634, 6637. 6690. 6691. 6694, 6708, 6710. 6740 to 6742. 6754, 6906 and 6916 of 1974. constituting one set and 28 writ petitions bearing Nos. 1554, 3206, 3303, 4113, 4268, 5832, 5869 to 5872, 5877, 6086, 6172, 6180, 6192, 6197. 6204, 6377, 6378, 6415. 6493, 6497. 6688. 6709, 6713, 6717, 6756 and 6759 of 1974, constituting the other set, as most of the points of fact and law are common to both the sets.

(2.) The petitioners in both the sets were temporary employees of the Haryana State Electricity Board (hereinafter called the Board). They went on strike on April 24, 1974. which was called off on May 15. 1974. One of the terms of their appointment was as under:

(3.) The case of the Board, on the other hand, is that these petitioners did not report for duty and remained absent. For this reason it was not possible to deliver the notices of discharge from service to them personally. The notices were sent to them at their home addresses supplied by them and it is not disputed by the petitioners that the address of the employee on each notice was correctly mentioned. Since there is a dispute on facts as to whether the petitioners reported for duty or not. it is not a fit case in which evidence should be recorded to decide that fact: In these circumstances, the petitioners may, if so advised take resort to any other remedy open to them.