Citu Nlc Labour And Staff v. Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2019

CORAM

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR Writ Appeal Nos.1805 & 1806 of 2015 and C.M.P.No.957 of 2016 1.CITU NLC Labour and Staff Union Rep. by its General Secretary, Behind CBS, Block No.24, Neyveli 607 801.

2.M.Srinivasan ...

Appellants/ Petitioner Vs.

1.Government of India, Ministry of Labour Shram Aur Rozgar Matralaya, New Delhi.

2.The Regional Labour Commissioner (Central) Office of the Regional Labour Commissioner No.14, Haddows Road, Sastri Bhavan, Chennai - 600 006.

3.Neyveli Lignite Corporation Limited Rep. by its General Manager (HR)/IR Neyveli Township, P.O. Neyveli 607 801.

...

Respondents/ Respondents Prayer : Appeals filed under Clause 15 of the Letters Patent Act, against the order passed by this Court in M.P.No.2 of 2015 in W.P.No.37882 of 2015 dated 22.12.2015. Prayer in W.P.No.37882 of 2015:

to issue an appropriate Writs, Orders or Directions and in particular issue a Writ in the Nature of Certiorari after calling for the records of the 3rd respondent in Ref. No. CORP/HR/723/1220/2015 dt 3.11.2015 for deducting 6 days wage cut for participating in the strike from 20.7.2015 to 27.8.2015(in WP.37882/2015);

Prayer in MP.No.2 of 2015:

To grant an order of interim injunction restraining the 3rd respondent from deducting wage cut from our members from the salary of November 2015 and December 2015 or on any day thereafter (in MP.2/2015)

For Appellants : Mr.Balan Haridas For RR 1 and 2 : Mr.G.Karthikeyan Assistant Solicitor General For 3rd respondent : Mr.F.B.Benjamin George

J U D G M E N T

(Judgment of the Court was delivered by DR.VINEET KOTHARI,J.) The present intra Court appeals have been filed by the Labour Union, aggrieved by the interlocutory order passed by the learned Single Judge of this Court dated 22.12.2015, by which, the learned Single Judge vacated the earlier interim order dated 27.11.2015, by which, the deduction from the wages of the workman on account of strike alleged to be illegal for the period from 20.07.2015 to 27.08.2015 was called in question. Aggrieved by the same, the Labour Union has approached this Court by way of these intra Court appeals. 2.The Division Bench of this Court, in the present appeals, by order dated 29.12.2015, however permitted the Management of the employer viz., Neyveli Lignite Corporation Limited to deduct the said amount of the period of strike, and to keep the same in a separate account.

3.The 3rd respondent/Management has filed a counter affidavit today before this Court in the said writ appeals dated 14 December, 2015, through Mr.M.Maheswaran, Chief Regional Manager of the NLC and in para 14 of the said Affidavit, it has been stated that the recovered amount by way of penal cut would be kept in a separate account and it would be dealt with in accordance with law.

4.In view of this position continuing between the parties, we are of the opinion that no further orders are necessary in the present appeals and the same can be disposed of, maintaining the said position of deduction already made and the same being kept in separate account by the Management, till the disposal of the writ petition by the learned Single Judge.

5.With these observations, the present Writ Appeals are disposed of. However, we request the learned Single Judge to decide the writ petition as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Sgl

To 1.Government of India, Ministry of Labour Shram Aur Rozgar Matralaya New Delhi.

2.The Regional Labour Commissioner (Central) Office of the Regional Labour Commissioner No.14, Haddows Road, Sastri Bhavan, Chennai - 600 006.

3.The General Manager (HR)/IR Neyveli Lignite Corporation Limited Neyveli Township, P.O. Neyveli 607 801.

+1cc to Mr.F.B.Benjamin , Advocate SR.No. 102900 +1cc to Mr.G.Karthikeyan , Advocate SR.No. 102665 +1cc to Mr.Balan Haridas , Advocate SR.No. 102562 W.A.Nos.1805 & 1806 of 2015 A.SK(08/01/2020)