S.N. GAUR AND OTHERS Vs. PUNJAB UNIVERSITY, CHANDIGARH AND OTHERS
LAWS(P&H)-1986-2-83
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 19,1986

Appellant
VERSUS
Respondents

JUDGEMENT

I.S. Tiwana, J. - (1.) These two petitions Nos. 63 and 5495 of 1983 are being disposed of together on account of similarity of facts and the contentions raised therein.
(2.) The petitioners were the employees of the Punjab University, Chandigarh, and the posts manned by them have been declared vacant in exercise of powers under regulation 11.9 of the Punjab University Calendar, Volume I, 1981. Briefly, the background of the case is that the petitioners had submitted a charter of demands to the University authorities and the same having not been accepted by the said authorities, they resorted to some sort of strike i.e. after coming to the University office, they would mark themselves present, do their normal duties, but during lunch break and after the office hours, they would organise processions and rallies and sit in Dharana outside the office of the University. The authorities did not relish this attitude of the petitioners and in the month of Oct., 1982, they took a decision that the petitioners and also one Raj Kumar and few others were not to be allowed to enter the office till they gave in writing that they would not resort to any agitation in the above-noted manner or would not do any other disruptionist activities. The petitioners and the said Raj Kumar declined & to do so. The impugned orders were thus passed under regulation 11.9 referred to above. This regulation reads as under : "If any employee overstays his leave or is otherwise absent from duty for more than a week, his post shall be liable to be declared vacant and he shall forfeit his salary during the time he so remained absent."
(3.) The petitioners impugn this action of the respondent-authorities and seek a writ of mandamus for reinstating them into service.;


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