Neyveli Lignite Corporation v. Nlc Podhu Contract

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.No.1 of 2015 Neyveli Lignite Corporation Limited, Rep.by its Director/HR, Corporate Office, Neyveli-607 801.

... Petitioner Vs.

1.NLC Podhu Contract Thozhilalar Sangam (CITU), Rep.by its General Secretary, Central Bus Stand South Side, Neyveli-607 801.

2.The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai-600 006. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India

praying for issuance of Writ of Certiorari, to call for the records of the second respondent, Labour Court, pertaining to I.D.No.86 of 2012 and quash the award dated 30.01.2015 made in I.D.No.86 of 2012. For Petitioner : Mr.N.Nithianandam For Respondents : Mr.V.Ajay Khose for R1 R2-Court

O R D E R

This Writ Petition has been filed by the petitioner Management challenging the award dated 30.01.2015 passed in I.D.No.86 of 2012 by the second respondent/Labour Court.

2. The facts of the case are that the petitioner Corporation is a Public Sector Undertaking and engaged in mining lignite and generation of power. The petitioner Corporation engaged contractors on temporary basis to execute certain identified works and one Aruldoss and Kanagavel are one among the contractors and they are not the employees of the petitioner

Corporation. While so, the first respondent Union raised Industrial Dispute No.86 of 2012 seeking to reinstate the workmen and give permanency to them and the Labour Court directed the petitioner Corporation to reinstate the said Arul Doss into service with effect from 07.02.2011 within one month from the date of award and held that the said Arul Doss would be entitled to 50% of the salary payable to a permanent workman working in the same cadre until the date of the award. Insofar as Kanagavel is concerned, since he died during the pendency of the Industrial Dispute, the petitioner Corporation was directed to pay 50% of the salary payable to the regular workman from the date of the award until the date of the death and other benefits, if any due. Challenging the same, the present writ petition has been filed.

3. When the matter is taken up for hearing, the learned counsel

appearing for both sides would submit that the matter has been settled between the parties and apart from a sum of Rs.3,37,608/- deposited by the petitioner Corporation, the petitioner Corporation has agreed to pay another sum of Rs.3,15,000/- to the workmen as full quit.

4. In view of the submission made by the learned counsel appearing for the petitioner Corporation and the learned counsel appearing for the first respondent Union, this Court issues the following directions :- (i) the workmen are permitted to withdraw a sum of Rs.3,37,608/- already deposited by the petitioner Corporation along with accrued interest;

(ii) the petitioner Corporation, as agreed, is directed to pay another sum of Rs.3,15,000/- (Rupees Three Lakh Fifteen Thousand only), in full quit, in favour of the workmen by way of demand draft, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is allowed and the impugned award dated 30.01.2015 passed in I.D.No.86 of 2012 by the second respondent, is set aside. No costs. Connected miscellaneous petition is closed.

13.03.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai-600 006.

M.DHANDAPANI,J.

ssb

13.03.2025

M. DHANDAPANI, J.

This matter has been listed under the caption "For being mentioned" at the instance of the learned counsel for the petitioner.

2. When the matter is taken up hearing, learned counsel for the petitioner submitted that this Court vide order dated 13.03.2025 had issued a direction to the petitioner to pay a sum of Rs.3,15,000/- in favour of the workmen by way of demand draft however, the workmen died and the petitioner is unable to find out the legal heirs of the petitioner. Hence, this Court may permit the petitioner to deposit the amount as ordered by this Court to the credit of I.D.No.86 of 2012 on the file of the Central Government Industrial Tribunal-cum-Labour Court, Chennai. nd respondent submitted that

3. Learned counsel appearing for the 2 he has no objection to the such modification. In such view of the matter, para 4 of the order dated 13.03.2025 shall stand modified as under:- "4. In view of the submission made by the learned counsel appearing for the petitioner

Corporation and the learned counsel appearing for the first respondent Union, the petitioner is directed to deposit a sum of Rs.3,15,000/- in addition to Rs.3,37,608/- which has already been deposited in I.D.No.86 of 2012 within a period of four (4) weeks from the date of receipt of a copy of this order. Out of the said deposit, the respective surviving workmen are permitted to withdraw their share by filing appropriate application and in respect of workmen who are since deceased, their legal representatives are permitted to file appropriate application along with proof of their legal heirship status before the tribunal for withdrawal of their respective shares"

M. DHANDAPANI, J.

Nhs

4. Registry is directed to carry out the corrections as aforesaid in the order dated 13.03.2025 and issue a fresh order copy to the parties as

aforesaid.

07.11.2025 Nhs