Tura, May 5: Having patiently endured five long months of a strike called by the employees over pending salaries which led to non-functioning of the GHADC and loss in revenue to the tune of several crores of rupees, the council authorities have finally had enough and on Wednesday issued an ultimatum to the protestors to return to duty within three days, failing which, stern action has been warned which could include legal action, loss of pay and even termination from service.
In a official letter issued to the striking Non-Gazetted Employees Association (NGEA)of GHADC, by the joint secretary to the executive committee of the GHADC, the protesting employees have been asked to withdraw their agitation and resume to their duties within three days failing which no further conciliatory approach would be made.
It also warned of termination of services of those who refuse to return to their duties.
“In a case reported in AIR 1961 Assam, the Guwahati High Court has held in “Abdul Motaleb vs GHADC” that Council employees are not Government Servants. They are not protected under Article 309 of the Constitution of India. The Executive Committee may therefore be compelled to consider the option of terminating the services of many of you. Otherwise also on the principle of no work no pay the Executive Committee may be compelled to take a decision that no pay will be given to agitating employees, during the period of their absence,” cited the letter.
The continuous protest outside the council premises by members of the NGEA for the past couple of months, preventing officers, members and the general public from entering the office for official purposes has finally been taken seriously by the authorities.
“You have been agitating for non-payment of your salary by the Council. To the extended that your agitation for demand of your outstanding salaries is prima facie your right, but you don’t have any authority in law and also in fact to completely occupy the Council premises and preventing people of Garo Hills and also officers of the Council from entering the office. You have not been allowing people to ingress into and outgress from the Council premises. The Council premises are a public place and you have absolutely no right to continue to occupy the public place without authority either from the GHADC or from the Superintendent of Police or from the District Magistrate of Garo Hills. Your entire action in doing so is grossly illegal and is highly against public policy and public order,” mentioned the letter to the protesting leaders.
It mentioned an order from the Supreme Court of India on a case relating to protestors at Shaheen Bagh in New Delhi where a large group of people continued to block the roads for weeks restricting public movement compelling the apex court to issue an order rejecting the protestors plea that people can assemble whenever they choose.
The letter by the council authorities further states, “Democracy and dissent go hand in hand. But then the demonstrations expressing dissents have to be in designated places for which you have never obtained permission from any competent authority. Your action amounts to blockage of the public way and also a way to enter public institutions, viz GHADC.”
In the context of the observation of the Supreme Court, your continuous act of forcibly occupying the Council premises and restraining the general public and officers from entry to and exit from the Council premises is not only grossly illegal but is also violative of the orders of the Supreme Court.
