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Orissa High Court · body

2000 DIGILAW 273 (ORI)

Manorama Mohapatra v. Collector, Cuttack

2000-05-12

P.K.TRIPATHY, R.K.PATRA

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JUDGMENT R. K. PATRA, J. — This is a writ petition registered on the basis of a Fax message which was received by the Hon’ble the Chief Justice on 4.5.2000. There are six signatories to the said mes¬sage. Affidavits affirmed by Smt. Manorama Mohapatra, Sangram Keshari Mishra and Netra Mohan Satpathy have been filed on 10.5.2000 admitting that on 4.5.2000 such a fax message was sent by them. The matter came up on 5.5.2000 for admission before a Bench consisting of the Hon’ble the Chief Justice and one of us (Hon’ble R.K.Patra, J.). On that day the following order was passed : “Put up this matter again under the same hearing on Tuesday (9.5.2000) to enable the Employees’ Union to file counter affida¬vit in regard to facts stated in the two fax messages sent to this Court. Learned State Counsel shall also file an affidavit in regard to the facts stated in the aforesaid fax messages sent to this Court. Mr. G.P.Mohanty, learned counsel appearing on behalf of the Employees’ Union stated that the employees are in no manner preventing the applicants or any of the officers associated with the management either to enter the Press premises or to go out therefrom. In view of this statement made at the Bar, it is not necessary to pass an interim order in that regard for the pres¬ent.” On 9.5.2000 the intervention petition filed by Debadarshi Nayak, President of the Trade Union in the name and style of “Utkalmani Newspaper Employees’ Association” and another petition for inter¬vention made on behalf of 9 eminent persons representing differ¬ent walks of life of Cuttack city were allowed and the matter was adjourned to next day, i.e. 10.5.2000 for admission and accord¬ingly the same was listed on the date fixed. 2. We have heard Shri B.B.Ratho, learned Senior Counsel for the writ petitioners (signatories to the Fax message), Shri S.K.Nayak, Additional Government Advocate for the Collector and Superintendent of Police, Cuttack, Shri Jagannath Patnaik, learned Senior Counsel and Shri S.K.Sanganeria for the interven¬ors as well as Shri B.K.Mohanti, learned Senior Counsel and President of the Orissa High Court Bar Association. We have also gone through the notes of submission filed on behalf of the writ petitioners on 11.5.2000. It is not clear whether copies of the notes of submission were circulated to the other counsel. 3. We have also gone through the notes of submission filed on behalf of the writ petitioners on 11.5.2000. It is not clear whether copies of the notes of submission were circulated to the other counsel. 3. It was stated in the Fax message that the Samaj is a premier daily news paper printed and published from Cuttack since 1930 and is owned and managed by the Servants of the People Society, New Delhi. The Press, office, Guest House and some residential quarters are located inside the Gopabandhu Bhavan Premises, Buxi Bazar, Cuttack. There is a registered trade union of the employees of the Samaj in the name and style of Utkalmani Newspaper Employees’ Association. On the basis of allegation of misconduct against its President Debardarshi Nayak, General Secretary Ashok Rath and four other mazdoors, orders of suspen¬sion have been passed and disciplinary proceedings have been initiated against them in the month of May, 1999. The domestic enquiry has been completed. In the meantime the Employees’ Association demanded for lifting of suspension orders and to drop the disciplinary proceedings. Since 2.5.2000 the employees have resorted to lightening strike and have been squatting in front of the gate of the establishment. They besides abusing the persons in the management are not allowing the signatories of the Fax message to go out of the premises, who are thus wrongfully con¬fined. It has been alleged that water and electricity supply to their residential houses have been disrupted and though this fact was brought to the notice of the Superintendent of Police and the Collector and although police are posted they are behaving like silent spectators and not giving any protection to them and their family members residing within the premises of the establishment. Prayer has been made in the Fax message that appropriate direc¬tion should be given to the Collector and District Magistrate and the Superintendent of Police, Cuttack to protect their “life, liberty and properties and to prevent unlawful assembly near Gopabandhu Bhavan and in front of it and take preventive measures to avoid breach of the peace.” 4. Prayer has been made in the Fax message that appropriate direc¬tion should be given to the Collector and District Magistrate and the Superintendent of Police, Cuttack to protect their “life, liberty and properties and to prevent unlawful assembly near Gopabandhu Bhavan and in front of it and take preventive measures to avoid breach of the peace.” 4. The Superintendent of Police, Cuttack has filed an elaborate affidavit stating, inter alia, that on receipt of information from the management as well as from intelligence source on 28.4.12000 that the Employees’ Union would resort to indefinite strike and relay hunger strike from 2.5.2000 in front of the office of the Samaj at Buxi Bazar protesting against the management, on the same day the Inspector in-charge of Cantonment Police Station was asked to remain alert to the situation by making necessary police arrangement for maintenance of law and order. Shri A. Bothra, I.P.S., A.S.P., Cuttack City has been directed to supervise the police arrangement. On receipt of another letter on 2.5.2000 from the Editor, the Samaj, one more platoon of force was provided for maintenance of law and order. To meet any untoward situation armed police has been deployed at the office of the Samaj since 2.5.2000 to keep watch over the situation. It has further been stated in the affidavit of the Superintendent of Police that the main gate and side gates of the Samaj office have been closed from inside by the security staff of the management and one of the side gates is being used as thorough-fare by the representatives of the management and oth¬ers. Security guards of the management open the main gate for the movement of the vehicles. On several occasions, the writ petitioners had come out for discussion with the striking employ¬ees. Even on 6.5.2000, Shri K.C.Tripathy, Printer and Publisher and Sri Sangram Keshari Mishra and Shri N.M.Satpathy (later two are the signatories to the fax message) came to the office of the Superintendent of Police and discussed about the situation aris¬ing out of the strike. They submitted a written application for deployment of more force as they apprehended that the striking employees and out-siders might storm into the premises and take over the management of the Press. Accordingly, detailed police arrangements have been made with three platoons of force and adequate officers. They submitted a written application for deployment of more force as they apprehended that the striking employees and out-siders might storm into the premises and take over the management of the Press. Accordingly, detailed police arrangements have been made with three platoons of force and adequate officers. The Superintendent of Police has asserted, which was not denied by the learned counsel for the writ petitioners, that no such incident took place as apprehended. Water and electricity supplies are normal and tele-communication facilities are in tact. On coming to know that the District Labour Officer would hold reconciliation meeting at 11 a.m. on 5.5.2000, necessary police escort was given to the representa¬tives of the management to attend the reconciliation meeting. The Superintendent of Police has stated that on account of police arrangement and its alertness round the clock, no untoward inci¬dent has taken place nor any damage to property or injury to life of any person has been caused. 5. On perusal of the affidavit of the Superintendent of Police and upon hearing the counsel for parties, we are of the opinion that the situation has been duly taken care of by the district administration. 6. It was urged by the learned counsel appearing for the intervenors that without going to consider the allegations and counter allegations made by the management and the Employees’ Union, this Court should constitute a suitable committee which would see immediate Cuttack publication of the daily the Samaj which has been stopped since last 10 days. Shri Ratho, learned Senior Counsel for the writ petitioners, submitted that constitution of any committee for the purpose of publication of the daily Samaj and to decide the disputes between the management and the Employees’ Union with regard to the disci¬plinary proceedings and different demands made by the Union would amount to bypassing the remedies available under the Industrial Disputes Act which is not permissible in law. According to him the different demands raised by the Employees’ Union are illegal, baseless and since the disciplinary proceedings in respect of six employees, referred to above, are about to be completed, settle¬ment of any such dispute by any other forum would encourage indiscipline and would otherwise be unauthorised. 7. According to him the different demands raised by the Employees’ Union are illegal, baseless and since the disciplinary proceedings in respect of six employees, referred to above, are about to be completed, settle¬ment of any such dispute by any other forum would encourage indiscipline and would otherwise be unauthorised. 7. In view of our observation that the situation as present¬ed by the writ petitioners in the Fax message has been taken care of, we could have closed our discussion and disposed of the writ petition as such but the argument with regard to constitution of a committee has ramification of its own which has necessitated us to rise to the occasion and deal with the matter. 8. The Samaj in the State of Orissa is synonymous with newspaper. Since its inception, it has been able to carve out a place for itself amongst the reading public for different reasons. Stoppage of its publication is not in the public inter¬est. In other words, resumption of its publication would not only be in the interest of the management and its workers but also in the public interest. Deadlock or impasse which is now prevalent would lead to nowhere. It has, therefore, to be thawed. At this stage, we may note that despite existence and creation of differ¬ent fora for resolution of disputes, it has now been felt throughout the world that alternative modes should be found out to nip the disputes before they are bud. Those modalities are not supplant but supplemental to the existence of specified fora contemplated under different statutes. Greater emphasis has now been laid to resolve disputes - domestic as well as international - by holding conciliation, mediation and other procedures. As a matter of fact, keeping in view the International Centre for Alternative Dispute Resolution, the Ministry of Law, Justice and Company Affairs, Government of India, has established Interna¬tional Centre for Alternative Dispute Resolution, inter alia, to provide, promote and popularise the resolution of domestic and international commercial disputes by different modes of alterna¬tive dispute resolutions and to establish facilities and provide administrative and other support services for holding concilia¬tion, mediation and arbitration proceedings. Therefore, the contention of Shri Ratho that since the disputes between the management and the Employees’ Union can be dealt with by resort¬ing to the procedure available under the Industrial Disputes Act, no other steps can be taken for resolution of such disputes has to be stated to be rejected. It is well known that proceedings under the Industrial Disputes Act are long drawn affairs and no exception can be taken if steps are taken to amicably and expedi¬tiously settle the disputes between the parties otherwise. For the aforesaid reasons, we are inclined to constitute a committee consisting of the following to resolve the disputes by amicable settlement : (1) Shri B. Khadenga, O.S.J.S. (Sr. Branch), Member-Secretary, Orissa State Legal Services Authority, Cuttack as Chairman. (2) The Collector, Cuttack - Convenor (3) The Registrar (Inspection and Enquiry), Orissa High Court - Member (4) The Labour Commissioner, Orissa, Bhubaneswar - Member Management Side (1) The Secretary, Board of Management of the Samaj - Member (2) The Editor, The Samaj - Member (3) The General Manager, The Samaj - Member Workmen side (1) The Senior Most Journalist of the Samaj - Member (2) Two Senior Most staff members (other than the six employees who are under suspension and against whom disciplinary proceed¬ings are pending) to be nominated by the Employees’ Union - Members We order accordingly. The committee will ensure regular publication of the daily the Samaj from Cuttack soon after its full constitution till normalcy is restored and it will explore the possibility of resolution of all disputes pending between the management and the Employees’ Union and if possible resolve the same failing which parties are free to avail the remedies available under law. We hope and trust that the employees will start resuming their duty and the management and the Employees’ Union shall maintain peace and harmony. With the aforesaid observation and direction, the writ petition is disposed of. Registry is directed to send copies of this order to all concerned. P. K. TRIPATHY, J. I agree. Petition disposed of with direction.