Nlc India Limited, v. The Assistant Labour

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2018 of 2018 and W.M.P. Nos. 2530 and 2531 of 2018 NLC India Limited (Formerly Neyveli Lignite Corporation Ltd., Rep. by its Chief General Manager (HR/IR), Corporate Office, Neyveli. ... Petitioner -vs1. The Assistant Labour Commissioner (Central), Ministry of Labour and Employment, DA 2, BSNL Staff Quarters, Jayanagar, ReddiarPalayam, Puducherry.

2. NLC Jeeva Oppantha Thozhilalar Sangam (AITUC), Rep. by its General Secretary Shri. Venkatesan, D-13, Mahatma Gandhi Road, Block 24, Neyveli - 607 801.

3. Builders Association of India rep. by its Chairman, D-27, Nangal Road, Block No. 27, Neyveli.

4. NLC Contractors Association rep. by its President, 46, Manaar Nagar, Gandhi Gramam Post, Neyveli.

5. NLC Indcoserve Society, Rep. by its Managing Director, Old C.M.C. Complex, Opp. Thermal Power Station - I, Neyveli - 607 801.

6. K. Venkatesan

7. The Superintendent of Police, Cuddalore District, Cuddalore.

8. The District Collector, Cuddalore District, Cuddalore.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the Second Respondent its members and the contract workmen under Respondents 3 to 5 from proceeding with the illegal strike and indulging in any mode of agitation either within or at the Gates, or in the vicinity of the installations of the Petitioner Corporation, which disrupts or has the potential to disrupt the mining and generation activities or preventing by threats, intimidation or otherwise, free ingress and egress to the willing workers/officer/executives of the Petitioner Corporation, a public utility service, for attending to their work/shit/duty or otherwise.

For Petitioner :

Mr. F.B. Benjamin George For Respondents:

Mrs. P. Rajalakshmi, Additional Government Pleader (for R1, R7 & R8) Mr. V. Ajoy Khose (for R2 & R6) No appearance (for R3, R4 & R5)

O R D E R

(through video conference) The Writ Petition has been filed to forbear the Second Respondent and its members from proceeding with an illegal strike that had been called at the time of filing of the Writ Petition and this Court had passed an interim order on 31.01.2019 in the case.

2.

When the matter is taken up for hearing today, it is informed by the Learned Counsel for the Petitioner that the expected strike from 01.02.2019 did not take place and nothing remains for further consideration in this Writ Petition at this stage and he has also filed a memo to that effect through e-mail dated 21.07.2020 to that effect, which is placed on record.

3.

Accordingly, the Writ Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Assistant Labour Commissioner (Central), Ministry of Labour and Employment, DA 2, BSNL Staff Quarters, Jayanagar, ReddiarPalayam, Puducherry.

2. The Superintendent of Police, Cuddalore District, Cuddalore.

3. The District Collector, Cuddalore District, Cuddalore.

W.P. No. 2018 of 2018 vg II[co] srg 28/07/2020