BOVEL LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is a representative of the Himachal Pradesh Parent Teachers Associations and aggrieved by the notification dated 14.01.2019 issued by the District Magistrate, Shimla, whereby the venue at Chhota Shimla near Police Station has been denotified for holding demonstration, rallies etc. has filed the instant writ petition for grant of the following reliefs:-

(2.) We really wonder how the instant writ petition is maintainable. The petitioner is admittedly working as Contract Teacher with the Education Department of the State of Himachal Pradesh and, therefore, is not an industrial worker covered by the provisions of the Industrial Disputes Act, 1947, Industrial Employees Standing Orders, 1946, Trade Unions Act, 1926 and hosts of other legislation and, as such, has neither any fundamental nor statutory or a moral right to go on strike. The law on this subject is well settled and reference in this regard can conveniently be made to the judgment of the Hon'ble Supreme Court in T.K. Rangarajan versus Government of T.N. and others, 2003 6 SCC 581 wherein in paragraphs 12, 17 to 19, it was held as under:-

(3.) Similar, issue came up before the learned Division Bench of this Court in CWP No.404/2007, titled Devinder Negi versus State of H.P. and others, decided on 15.10.2009. wherein while dealing with a question as to whether members of the Resident Doctors Association (RDA) working in the Indira Gandhi Medical College (IGMC) had a right to go on strike when their services were in dire need to the patients, the learned Division Bench of this Court held as under:-