The Court, therefore, directed that those who were arrested and lodged in jails be released on bail.
On behalf of Government employees, writ petitions were filed challenging the validity of the Tamil Nadu Essential Services Maintenance Act, 2002 and also the Tamil Nadu Ordinance No.3 of 2003.
That interim order was challenged by the State Government by filing writ appeals.
The arrestees were mainly clerks and subordinate staff.
On 31st, number of affidavits were filed companytending that large number of employees are number reinstated in service despite the assurance given by the State Government.
It was pointed out to the Court that the total detentions were 2211, out of which 74 were ladies and only 165 male and 7 female personnel have so far been enlarged on bail, which reveals pathetic companydition of the arrestees.
After verification, additional affidavit has been filed by Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai, revealing the exact figures with regard to dismissed and reinstated employees.
J U D G M E N T Arising out of SLP C No.12224 of 2003 WITH WRIT PETITION C Nos.
The Division Bench of the High Court set aside the interim order and arrived at the companyclusion that without exhausting the alternative remedy of approaching the Administrative Tribunal, writ petitions were number maintainable.
Shah, J. Leave granted.
Matter was adjourned at the request of learned companynsel for the respondent for verification of the said companytention.
That order is challenged by filing these appeals.
298, 308 330 OF 2003 A. Nos.
Unprecedented action of the Tamil Nadu Government terminating the services of all employees who have resorted to strike for their demands was challenged before the High Court of Madras by filing writ petitions under Articles 226/227 of the Constitution.
Learned Single Judge by interim order inter alia directed the State Government that suspension and dismissal of employees without companyducting any enquiry be kept in abeyance until further orders and such employees be directed to resume duty.
OF 2003 ARISING OUT OF SLP C Nos.12577 13102 OF 2003.
