BELESWAR DEBATA Vs. PRIYANATH MOHANTY

JUDGEMENT

(1.) The two petitioners challenged an order dated 16-2-1991 passed by opposite party No. 1 which stated that their services shall not be required with effect from 20-3-1991. They approached this Court in C.J.C. No. 1305 of 1991 and on 18-3-1991 an order of status quo regarding cessation of the services of the petitioners was passed by a Bench of this Court consisting of Hon'ble Justice Rath and Hon'ble Justice Jagadeb Roy. The case of the petitioners is that a xerox copy of the order along with a letter of the advocate of the petitioners Shri Milan Kanungo was served on opposite party No. 1 on 19-3-1991. On 20-3-1991 petitioner No. 1 went to work in the morning and signed the Attendance Register. Petitioner No. 2 also similarly went to office at about 10 a.m. and signed the Attendance Register. At about 10-30 a.m. or 11 a.m., opposite party No. 2 questioned the petitioners as to why they had put their signatures in the Attendance Register in spite of their retrenchment. They replied that the order of retrenchment had been stayed by this Court and so they were entitled to work. This opposite party stated that he had no knowledge about the order of the Court and directed the petitioners to meet opposite party No. 1. The petitioners thereupon met opposite party No. 1 and stated that they had obtained the order of stay from this Court and so there was no reason to prevent them to work. At this, opposite party No. 1 stated (as mentioned in the contempt petition) that -

(2.) The allegations of the petitioners have been denied by the opposite parties. Opposite party No. 1, Deputy Director, Survey and Map Publication, in his show cause denied any knowledge about the petitioners having signed in any attendance Register. Indeed, according to him, the maintenance of the Attendance Register was unauthentic about which he knew for the first time from the contempt petition. He denied having made any remarks as alleged by the petitioners. According to him, no one came and ventilated his grievance to him on 20-3-1991. He further averred that it was apprehended by him that opposite party No. 2 who is a Foreman was hands in glove with the petitioners and was trying to create an impression as if the order of status quo passed by this Court was not acceptable to him. In the evidence which was led by this opposite party in the case pursuant to the order passed on 24-6-1991, he took a stand that he was not present in his office on 20-3-1991 from 10 a.m. till about 3 p.m., and as such the question of the petitioners meeting him in the office around 11 O'clock did not arise. The further averment of this opposite party in his show cause is that the attendance of the two petitioners was approved by him on 11-4-1991 and the dues of the petitioners had been drawn from 1-3-1991 to 31-3-1991.

(3.) Opposite party No. 2, Foreman, Survey and Map Publication Office, in his show cause filed on 16-5-1991 stated that he was not aware on 20-3-1991 about any order of status quo passed by this Court and so, after finding that the petitioners had signed the attendance Register on that day he wrote against their signatures "Not allowed from today as per the office order No. 388 (4) dt. 16/2/91". He further stated that he was not aware as to who had scratched or cancelled the signatures of the petitioners in the Attendance Register. In the additional show cause filed by this opposite party on 24-6-1991, he took the stand that on 20th he was called by opposite party No. 1 who asked him under what circumstances the petitioners had been allowed to sign the Register. To this, the reply given was that they had signed the same before this deponent had commenced his duty for the day. Thereupon, opposite party No. 1 asked him not to allow these employees to function, in obedience to which this deponent marked "Not allowed" in the Register. The further stand, of this opposite party is that he knew about the order of status quo on 9-4-1991 when opposite party No. 1 instructed him to mark the petitioners 'present' from 20-3-1991 to 31-3-1991.