RAKESH TIWARI, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE Central Workshop of the U.P. State Road transport Corporation is referred to as 'Central Workshop' is registered under the Indian Factories Act, 1948. The service conditions of all the workmen are governed by the provisions of Certified Standing Orders applicable to the Central Workshop. The employees/ workmen of the Central Workshop have framed Trade Unions to represent the cause of the workmen. It appears that the petitioner as a member of Union "Majdoor Vahini" and erstwhile President alongwith his colleagues had raised the grievance of fitment/fixation of pay by implementing the report of the First and the Second Pay Commission. It is claimed that on account of a demand raised by the petitioner on behalf of the Union, the Dy. General Manager got annoyed as he wanted to deprive the lawful right of the workers. Ultimately, an agreement was reached between the Management of the Allen Forest Workshop, Kanpur and the Union on 29.9.1988 whereby it was agreed that the matter of fitment/fixation of First and Second Pay Commission" be referred to the Headquarters Lucknow for removing pay anomaly in the pay scale of Workshop namely Black Smith, Turner II, Welder II and Tin­smith II. It is also claimed that as there occurred undue delay on the part of the respondents in taking a decision regarding fixation of the proposed pay scales for the aforesaid four types of employees. The petitioner as President of the Mazdoor Vahini filed Civil Misc. Writ Petition No. 24440 of 1988 for redressal of grievances of the workmen.
(3.) IT is further claimed that the Dy. General Manager used some abusive language against the office-bearers of the Trade Union and as such the Secretary of the Trade Union lodged a first information report at P.S. Swaroop Nagar, Kanpur against the Dy. General Manager on 12.4.1986 wherein the petitioner and his colleagues were cited as witnesses. It is also stated that as a counter blast to the first information report lodged by the Secretary, the Dy. General Manager also lodged a first information report against Bans Gopal Avasthi at P.S. Swaroop Nagar, Kanpur on 14.4.1986 under Section 147/323/341, IPC read with Section 17 of the Untouchability Act. This report is said to have been lodged against one Rameshwar Prasad, a henchmen of the Dy. General Manager.;