Nlc Workers Solidarity Union, v. The Government Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and M.P.No.1 of 2009 1.NLC Workers Solidarity Union Rep.by its President Regn.No.26/SAV A2, Screw Lane Block-11 Neyveli-607 803.
2.NLC Thozhilalar Otrumai Maiyam Rep.by its General Secretary Regn.No.49/SAV 36, Haja Street, Kongaikondan, Neyveli - 607 802.
3.CITU - NLC Labour and Staff Union Rep.by its General Secretary Near Central Bus Stand Regd.No.1803, Block-24 Beyveli-607 801.
4.HMS-NLC Labour and Staff Union Rep.by its President Regn.No.224/SAT D-138, Anna Road, Block-18 Neyveli-607 803.
5.Anna Workers and Staff Union Rep.by its Secretary Regd.No.2939/CNI D-3, Diamond Road Block-17, Neyveli-3.
6.NLC Mazdoor Sangh Rep.by its General Secretary D-24, Perumal Koil Street Block-27, Neyveli-3.
7.NLC Labour and Staff Progressive Union (MLF) Rep.by its General Secretary D-16A, U.V.S.Salai, Block-27, Neyveli-607 803. 8.NLC Dhesiya Murpokku Thozhilalar Sangam Rep.by its President 281-F, Type-I, Circle-29, Neyveli - 607 807.
9.NLC Moovendhar Thozhil Sangam Rep.by its General Secretary B-2, Cot lane, Block-3 Neyveli-1.
..
Petitioners Vs.
1.The Government of India, Rep. By Its Secretary, Ministry of Labour, New Delhi. 2.The Regional Labour Commissioner (Central) Conciliation, Shastri Bhavan, Chennai 6. 3.The Neyveli Lignite Corporation Limited, Rep. by its Chairman cum Managing Director, Neyveli-1.
4.The Director (Personnel), NLC Limited, Neyveli-1.
5.The Chief General Manager (P&A), NLC Limited, Neyveli.
6.NLC Workers Progressive Union, Rep. by its General Secretary, Anna Road, Block-25, Neyveli-3. 7.NLC Pattali Thozhir Sangam, Rep. By Its General Secretary, K.N. Subbaraman Salai, Block-19, Neyveli-3.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Declaration, declaring that the settlement dated 27.10.2009 reached under Section 12 (3) of the I.D.Act by the respondents 3, 6 and 7 as null and void, non-est, inoperative and illegal and consequently direct the 2nd respondent to hold conciliation on the petitioner Unions' demand and bring a fair and amicable settlement and in the event of failure of conciliation to submit a failure report of the 1st respondent and the 1st respondent to refer the issue to the Central Government Industrial Tribunal-cum-Labour Court, Chennai for adjudication, within a specified time as may be fixed by this Court.
For the Petitioners : Mr.V.Ajoy Khose For the Respondents : Mr.C.Samivel SPCGSC for RR1 & 2
Mr.N.A.K.Sarma for RR3 to 5 Mr.U.Sathia Chandran for R6
ORDER
This Writ Petition is filed with a prayer to declare the settlement dated 27.10.2009 and reached under Section 12 (3) of the Industrial Disputes Act, by the respondents 3, 6 and 7 as null and void, non-est, inoperative and illegal and consequently direct the 2nd respondent to hold conciliation on the petitioner Unions' demand.
2. When the matter came up for hearing today, Mr.Ajoy Khose, the learned counsel appearing on behalf of the petitioners would submit that the period covered by the settlement was over and subsequent settlement also entered into. Hence, nothing further requires to be adjudicated in this Writ Petition.
3. In view of the submission made by the learned counsel for the petitioners, this Writ Petition is dismissed as infructuous. No costs.
Consequently, connected miscellaneous petition is closed. 23.01.2025 : No Jer To 1.The Secretary, Government of India, Ministry of Labour, New Delhi. 2.The Regional Labour Commissioner (Central) Conciliation, Shastri Bhavan, Chennai 6. 3.The Chairman cum Managing Director, Neyveli Lignite Corporation Limited, Neyveli-1. 4.The Director (Personnel), NLC Limited, Neyveli-1.
5.The Chief General Manager (P&A), NLC Limited, Neyveli.
D.BHARATHA CHAKRAVARTHY , J.
Jer 23.01.2025