Tarun Agarwala, J. - (1.) THE petitioner. Indian Oil Corporation Ltd. is a Government owned Corporation and has an oil refinery at Mathura, which is engaged in the production of petroleum products. In this refinery, the petitioner has also established a hospital with a view to render better medical service to its workers and staff. On 19.10.1989, a duty rotation roster of the pharmacist was circulated by the Joint Chief Medical Officer, which was revised by another circular dated 20th October, 1989. making it effective from 23rd October, 1989. This new rota system was not liked by the pharmacists, who were working in the hospital and, instead of protesting peacefully made it into an ugly incident. It transpires that an incident took place in the evening of 23rd October. 1989 in the room of Dr. A.K. Sen, who was holding a meeting with other doctors and officers of the management, when a crowd of 30 persons led by Sri R.K. Gautam and by the workman and other pharmacists, employees and their wives barged into his room and hurled abuses, threw paper weights, chappals and other items upon the doctors and other officers of the management. The crowd not only threatened the doctors with dire consequences, but also ruffled them up and, in the process, ransacked the room, injured Dr. A.K. Sen, broke the glass top of the table and damaged other items in his office. Dr. A.K. Sen and other doctors were confined for three hours and was ultimately forced to sign a document withdrawing the new rota system.
(2.) THIS incident created a fear and terror amongst the doctors leading them to submit a joint complaint dated 24th October, 1989 to the Executive Director bringing to his notice about the incident which occurred in the previous evening indicating therein the persons, who were responsible for the incident. The said doctors also submitted a joint resignation letter dated 24th October, 1989. On account of this incident, the working of the hospital was paralysed and a lockout was declared. The patients were shifted to a hospital in the city. The management was in a fix and in order to restore normalcy in the hospital and in the refinery, the management took immediate measures in terms of Clause 18.8 of the Certified Standing Orders of the Company and terminated the services of Sri R.K. Gautam and the workman, Harish Chandra Gupta. Not only this, the management also lodged a first information report against R.K. Gautam and the workman.
(3.) SRI R.K. Gautam and the workman Sri Harish Chandra Gupta, being aggrieved by the order of the termination of their services, filed two separate writ petitions. Sri R.K. Gautam filed a writ petition before the Delhi High Court and the workman filed writ petition No. 29656 of 1990 before this Court. The writ petition of Sri R.K. Gautam was allowed and the writ petition of the workman was also allowed by a judgment of this Court dated 2nd April. 2004. The writ court held that the condition precedent for invoking Clause 18.8, of the Certified Standing Orders of the Company did not exist nor did the management recorded its reasons for invoking this provision, and consequently, this Court set aside the order of termination giving opportunity to the management to initiate departmental proceedings against the workman.;