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Madras High CourtWP/8599/2022dismissed as infructuous

M/S. Nlc India Limited v. The District Collector

2022-06-16Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.8599 OF 2022 AND W.M.P.NOS.8509 & 8510 OF 2022 M/s.NLC India Limited, Represented by its Chairman- cum-Managing Director, Block No.1, Neyveli - 607 801, Cuddalore District.

... Petitioner .Vs.

1. The District Collector, Office of the Collectorate, Cuddalore, Cuddalore District.

2. The Superintendent of Police, No.18, Pudukuppam New Street, Meenakshi Nagar, Pudukuppam,

3. The Deputy Superintendent of Police, Neyveli Town, Block-8, Neyveli T.S. - 607 801.

4. The Inspector of Police, Neyveli Township Police Station, Neyveli - 607 803.

5. The Commissioner of Labour, Labour Department, DMS Campus, Chennai - 600 006.

6. The Assistant Commissioner of Labour (Conciliation),

7. M/s.N.L.C.I.T.I. Apprentices Welfare Association, Mozhkandi Street, Muthandikuppam, Panruti Taluk, Cuddalore District.

8. J.Saravanan

9. Kumaravel

10. Kalidas

11. M.Kalai Selvam

12. T.Haridoss ... Respondents PRAYER:- Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 1 to 4 herein not to grant any permission to the members of the 7th respondent, particularly, the respondents 8 to 12 or anybody claiming to be an ITI apprentice(s) from conducting any kind of agitation(s) within the Township, within, or at the Gates, or in the vicinity of the installations of the petitioner/NLCIL which disrupts or has the potential to create law and order problem, disrupts industrial peace and thereby disrupt the mining and generation activities of the petitioner/NLCIL, being a public utility service, or preventing by threats, intimidation or otherwise, free ingress and egress to the workers/officers/executives of the petitioner/NLCIL for attending to their work/shift/duty or otherwise on 06.04.2022 or in future dates and to give full protection to the petitioner/NLCIL.

For Petitioner :

Mr.N.Nithianandam For Respondents :

Mr.P.Kumaresan 1 to 6 Additional Advocate General Assisted by Mr.P.Ganesan For Respondent 7 :

No appearance For Respondent 8 :

Mr.S.Kumar For Respondents :

Mr.K.Madhu 9 to 11

O R D E R

The writ petition has been filed seeking a direction to the respondents 1 to 4 herein not to grant any permission to the members of the 7th respondent from conducting any agitation within the Township or from preventing free ingress and egress to the employees of the petitioner for attending to their work on 06.04.2022 or on any future dates and to give full protection to the petitioner.

2. When this matter was taken up for hearing, the learned Additional Advocate General informed the Court that as per the interim direction given by this Court, a case has been registered as against the members of the 7th respondent union and therefore on that specific date, the respondents 1 to 4 have provided protection and thus has complied with the directions of this Court. In view of the said fact, the learned Additional Advocate General seeks dismissal of the writ petition as the same has become infructuous.

3. The learned counsel appearing for the petitioner submitted that the respondents 1 to 4 have given protection to the petitioner on 06.04.2022 as directed by this Court but the prayer is for giving protection for future dates also.

4. Considering the fact that protection as sought for by the petitioner for the aforesaid date has been provided by the respondents 1 to 4, the writ petition is dismissed as become infructuous, however liberty is granted to the petitioner to seek protection for any future dates, if it is so advised. Consequently, the connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kk To 1.

The District Collector, Office of the Collectorate, Cuddalore, Cuddalore District.

2.

The Superintendent of Police, No.18, Pudukuppam New Street, Meenakshi Nagar, Pudukuppam, 3.

The Deputy Superintendent of Police, Neyveli Town, Block-8, Neyveli T.S. - 607 801.

4.

The Inspector of Police, Neyveli Township Police Station, Neyveli - 607 803.

5.

The Commissioner of Labour, Labour Department, DMS Campus, Chennai - 600 006.

6.

The Assistant Commissioner of Labour (Conciliation), W.P.NO.8599 OF 2022 AND W.M.P.NOS.8509 & 8510 OF 2022 SJ(CO) PBS/30/06/2022