ANIL GARG Vs. WESTERN COALFIELDS LTD

JUDGEMENT

(1.) PETITIONER in this application seeks the quashment of the order declaring him "persona non grata ".

(2.) PETITIONER is a lawyer and Member of District Bar Association, Betul, Free Lance Journalist, Organiser of Jila Upbhokta Manch and is Secretary of Satpuda Kisan and Mazdoor Kalyan Samiti, Betul. Respondent Western Coalfields Ltd. is a Company carries on coal mining operations. Huge land was acquired for the coal mining operations. Area of Ghodadongari had 60% tribal population. Petitioner took up the various causes of the tribals. Petitioner pointed out to various authorities problems of tribals regarding rehabilitation, by diplere. The Government machinery was put in motion by petitioner respondent got irked and decided to control activities of petitioner within coal mines area and particularly in 'pathakhera' area. Restriction has been put on petitioner's movement and activities within coal mines area particularly in Pathakhera. Workers have been restrained to meet petitioner failure to comply directive may result in disciplinary action for misconduct. Pathakhera as per petitioner's case has 1 lac population and is part of Sarni Municipal Council with total population of 2 lacs. At Pathakhera various civil amenities exists such as zonal bus stand, police station, Forest check post, Government hospital, Post Office, Banks, Veterinary Hospital, daily and weekly markets, Government Tribal High Schools, Little Flower and Swami Vivekanand Schools, sub-office of Municipal Council, Sarni etc. The impugned order (P-1) declaring him persona non grata is bad in law and is violative of Article 19 of Constitution of India, it amounts to 'externment' from area. The order is beyond jurisdiction. Petitioner has no criminal tendency. Since petitioner is a lawyer. Workers could not be prevented to meet the petitioner. The order tarnishes the image of the petitioner.

(3.) THE respondents contest the claim of petitioner and seek to justify the order on the ground that petitioner is not a social worker. Petitioner assaulted Shri N. K. Anand, General Manager, WCL, Pathakhera on 26-2-98 when he went to Betul in connection of his official work. Petitioner has no right to instigate workers if they are aggrieved they can approach the respondents. There are five recognized trade unions to take care of the working interest. No civil right of petitioner has been affected. The order is in the interest of WCL. Petitioner creates unrest in the industry. Workers have no right to approach petitioner for redressal of grievance. Petitioner has made complaints for last 5 years in various offices. No worker has protested against order (P-1 ).