K.N.Goyal, J. - (1.) In each of these two writ petitions a Trade Union figures as petitioner No. 1 while other petitioners are employees of New Bank of India. The Trade Unions who are the petitioners in the two petitions are different, and the employees are also different. Their grievance is however similar. As such, arguments were heard in both the cases together and they may conveniently be disposed of by a common Judgment.
(2.) According to the authorities of the Bank some incidents took place during office hours on 13-9-84, 14-9-84 and 15-1-85 involving different officers and other ranks of employees. The employees are alleged to have indulged III unruly demonstration during office hours and coerced and intimidated their superior officers. Accordingly, orders have been passed for deduction of one day's salary on the principle of "no work, no pay" for the respective days on which the employees are said to have participated in these incidents. This has been done on the strength of a Bank circular D/- 18-8-77 which is annexure-5 in writ petition No. 1865 of 1985.
(3.) The grievance of the petitioners is that this circular is violative of fundamental right of the employees to hold demonstration and should therefore be struck down. The correctness of the allegations made in the Impugned orders of deductions of salary against the employees concerned has also been challenged.;