GUJREE G A Vs. H M T LTD

JUDGEMENT

(1.) THROUGH this writ petition, petitioner has assailed his suspension order dated September 30, 1995, charge-sheet and other proceedings initiated by the respondents against him on the ground that they are vitiated by incompetency, mala fides and non-adherence to the principles of natural justice. Before examining the matter, some material facts of the case may be mentioned.

(2.) PETITIONER is employed in Hindustan Machine Tools Watch Factory in Srinagar. He was the President of Factory's Employees' Union with Registration No. 293 governed under the Industrial Employment Standing Order certified under the Industrial Employment (Standing Order) Act, 1946 (1960 ). On September 25, 1995 when the petitioner and his colleagues came to discharge their normal routine duties, they came to know that their three colleagues namely, Mushtaq Ahmad, Farooq Ahmad Sidiqi and Ghulam Mohi-un-Din Bhat had been apprehended by Rashtria Rifles at 9. 30 a. m. while entering the gate of the premises. These persons were neither involved in any crime nor had any connection with any party. Therefore, they were arrested unnecessarily and were being kept in custody without any basis. Feeling disturbed and aggrieved by this act of harassment, about seven hundred employees assembled in the factory's premises and held peaceful demonstration.

(3.) THE management was requested to take immediate steps to secure their release. At a later stage, it transpired that since these employees had been arrested at the instance of some of the officials of the management, so no interest was being taken by it for effecting their release. Consequently, they shouted slogans against the management with the result that all the three detainees were released by the Army the same day at 3. 30 p. m. During their illegal detention, the employees were subjected to severe beating and harassment.