Madras High Court
M/S.Neyveli Lignite Corporation Ltd vs The Assistant Labour Commissioner on 9 October, 2014
Author: V.Ramasubramanian
Bench: V.Ramasubramanian
In the High Court of Judicature at Madras
Dated : 09.10.2014
Coram :
The Honourable Mr.Justice V.RAMASUBRAMANIAN
Writ Petition No.26918 of 2014 and MP.Nos.1 and 2 of 2014
M/s.Neyveli Lignite Corporation Ltd.
Rep. by its Chief General Manager
(H.R), Neyveli-607801. ...Petitioner
Vs
1.The Assistant Labour Commissioner
(Central), DA3, Telecom Quarters
Jayanagar, Reddiar Palayam,
Puducherry.
2.NLC Contract & Indcoserve Workers
Pro.Union(LPF) Rep. by its President
Mu.Su.Mani Arangam, Block 17, Neyveli.
3.NLC Anna Indcoserve & Contract
Thozhilalar Sangam (ATP) Rep. by its
President, 2nd Street, Therkkuvellore
Vadakkuvellore Post, Neyveli 2.
4.NLC General Contract workers & Staff
Union (CITU) Rep. by its President
South to Central Bus Stand, Block 24,
Neyveli 607801.
5.NLC Pattali Oppandha Thozhilalar
Sangam (PTS) Rep. by its President
D-10, K.N.Subburaman Salai, Block
19, Neyveli 607 803.
6.NLC National Contract & Indoserve Workers
Union (INTUC) Rep. by its President
D039, Anna Road, Block 25, Neyveli 607803.
7.NLC Indoserve Thozhilalar Uzhiyar Sangam
Rep. by its President, No.77, Akilandagangapuram,
Ammeri (PO), Neyveli. Pin : 607802.
8.NLC Orunginaindha Oppandha Pothu Thozhilalar
Sangam LLF Rep. by its President, No.14,
Always Road, Block 27, Neyveli 3.
9.NLC Contract Mazdoor Sangh Rep. by
its President Viswakarma, D-24, Perumalkoil
Street, Block 27, Neyveli-607803.
10.Thozhilalar Vazhvurimai Sanga Peravai
(TVS) Rep. by its President, No.135,
Kundrathur Road, Porur, Chennai-600116.
11.NLC Jeeva Oppantha Thozhilalar Sangam
(AITUC) Rep.by its General Secretary
D13, Mahatma Gandhi Road, Block 24,
Neyveli-607801.
12.Builders Association of India, rep.by its
Chairman, D-27, Nangal Road, Block No.27
Neyveli.
13.NLC Contractors Association rep.by its
President, 46, Manaar Nagar, Gandhi
Gramam Post, Neyveli.
14.NLC Indoserve Society rep.by its Managing
Director Old C.M.C. Complex, Opp.
Thermal Power Station I, Neyveli-607801.
15.The Superintendent of Police,
Cuddalore District, Cuddalore.
16.The Collector, Cuddalore District
Cuddalore.
17.The State of Tamil Nadu rep.by its
Chief Secretary, Fort St. George
Chennai-9. ...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 15 to 17 to provide adequate police protection to the petitioner's industry to run peacefully with its staff and willing workers and contract workmen engaged by the contractors including the respondents 12 to 14 and suitably prevent the respondents 2 to 11 unions, their members, office bearers, agents and outside supporters from gathering or assembling at the gates of the mines, thermal power stations, units and at the precincts of NLC Township and also restraining them from preventing the free ingress and egress of men, materials and vehicles to the various units of the petitioner and further direct the respondents 15 to 17 to enforce the rule of law by taking adequate steps to enable the petitioner, a corporate citizen to carry on the business of mining and power generation activity as per the protection given under The Constitution of India without any interruption from any quarters.
For Petitioner : Mr.F.B.Benjamin George
For Respondents 15 to 17 : Mr.P.Sanjay Gandhi, AGP
ORDER
The management of the Neyveli Lignite Corporation Limited has come up with the above writ petition, seeking the issue of a Writ of Mandamus to direct the respondents 15 to 17, who are (i) the Superintendent of Police, Cuddalore District, Cuddalore; (ii) the Collector, Cuddalore District, Cuddalore; and (iii) the State of Tamil Nadu to provide adequate police protection to the petitioner's industry to run peacefully with its staff and willing workers and contract workmen engaged by the contractors including the respondents 12 to 14 and suitably prevent the respondents 2 to 11 unions, their members, office bearers, agents and outside supporters from gathering or assembling at the gates of the mines, thermal power stations, units and at the precincts of NLC Township and also restraining them from preventing the free ingress and egress of men, materials and vehicles to the various units of the petitioner and further direct the respondents 15 to 17 to enforce the rule of law by taking adequate steps to enable the petitioner, a corporate citizen to carry on the business of mining and power generation activity.
2. Heard Mr.F.B.Benjamin George, learned counsel for the petitioner. Mr.P.Sanjay Gandhi, learned Additional Government Pleader takes notice for the respondents 15 to 17.
3. It appears that various trade unions of workers of the petitioner - company, which are arrayed as the respondents 2 to 11, made a demand that all contract workers should be regularized and a minimum wage should be paid to all of them. They also issued strike notices and hence, the first respondent initiated conciliation proceedings. The conciliation proceedings were held on various dates between 25.8.2014 and 7.10.2014. The respondents 2 to 11 also participated in the proceedings. Now, the conciliation stands posted to today. But, in the meantime, the respondents 2 to 11 declared on 3.9.2014 that their members would strike work from the third shift commencing from 10 PM on 3.9.2014.
4. Contending that the strike was illegal in as much as no notice of a duration of 14 days was given before the strike and also contending that the strike notices were issued during the pendency of the conciliation proceedings, the petitioner came up with a writ petition in W.P.No.24247 of 2014 on the file of this Court. The prayer in the said writ petition was for the issue of a Writ of Mandamus to direct the respondents 2 to 11 herein to forbear from proceeding with the illegal strike. It appears that an interim order was passed in the said writ petition on 5.9.2014 and the order is in force.
5. When the above interim order is in force, the respondents 2 to 11 decided to intensify the agitation by conducting a protest meeting and dharna near the Corporate Office of the petitioner on 9.10.2014. Sensing that the respondents 2 to 11 had applied for permission to hold such a meeting, the petitioner - management has come up with the above writ petition.
6. On instructions, Mr.P.Sanjay Gandhi, learned Additional Government Pleader submitted that the Police have given permission to the trade unions to hold a demonstration, at a place, which is 3 Km away from the Corporate Office of the petitioner, but within the campus of the petitioner - company.
7. Mr.F.B.Benjamin George, learned counsel for the petitioner submitted that the place where the unions have been given permission to hold meetings, is near the entrance and it is only 1 Km away from the Corporate Office. Therefore, the learned counsel for the petitioner apprehended that the members, who assemble for the meeting, may create trouble.
8. Mr.P.Sanjay Gandhi, learned Additional Government Pleader produced before me a file containing details of bandobust scheme evolved by the Police to tackle the situation. In the said fire, the Police have culled out a lot of details such as the total number of contract labour, who are permanent, the total number of contract labour, who are temporary, the total membership of each of the 12 unions, the unit-wise particulars of the contract labour, etc. Taking all these relevant particulars into consideration, a detailed scheme has been evolved by the Police, for fire fighting contingency, traffic diversion as well as for guarding vulnerable points. A detailed sketch has also been given for maintaining law and order by posting pickets and providing mobile patrolling with convoy escort for loyal workers. A control room has been established to monitor all these aspects and logistic arrangements have also been provided.
9. It appears that a total of about 644 Police Personnel have been drawn from Cuddalore, Vridhachalam, Neyveli, Sethiathope, Panruti, Thittakudi Prohibition Enforcement Wing, District Crime Branch, etc., for bandobust duty. The scheme drawn by the Superintendent of Police, Cuddalore District, appears to be well thought out and it provides for every contingency that may arise.
10. Therefore, in the light of the detailed scheme submitted by the fifteenth respondent namely the Superintendent of Police, the first limb of the prayer made by the petitioner in the writ petition stands satisfied. The order passed by the Superintendent of Police, granting permission to the various trade unions to hold the meetings today, is not under challenge. The first limb of the prayer made by the petitioner is only to direct the Police to give adequate police protection. This has been ensured by a very detailed sketch that has been drawn by the Superintendent of Police. Therefore, the first limb of the prayer has been redressed.
11. In so far as the second limb of the prayer made by the petitioner is concerned, two things are to be pointed out. The first is that as per the scheme drawn by the Superintendent of Police, a convoy escort would be provided for loyal workers, who are willing to work during the strike period. The convoy party comprises of about 25 personnel. There is also an open line patrol. Therefore, the second limb of the prayer also has been taken note of by the fifteenth respondent.
12. Moreover, the interim prayer made by the petitioner in the previous writ petition namely W.P.No.24247 of 2014 is also almost identical. This will be clear from a comparison of the second limb of the prayer in the present writ petition with the interim prayer made in the previous writ petition W.P.No.24247 of 2014, which is as follows :
Prayer in the present writ petition Interim prayer in W.P.No.24247 of 2014 Suitably prevent the respondents 2 to 11 unions, their members, office bearers, agents and outside supporters from gathering or assembling at the gates of the mines, thermal power stations, units and at the precincts of NLC Township and also restraining them from preventing the free ingress and egress of men, materials and vehicles to the various units of the petitioner and further direct the respondents 15 to 17 to enforce the rule of law by taking adequate steps to enable the petitioner, a corporate citizen to carry on the business of mining and power generation activity as per the protection given under The Constitution of India without any interruption from any quarters ...Ad-interim injunction restraining the members of the respondents 2 to 11 from indulging in 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 of the petitioner and from preventing by threats, intimidation or otherwise, free ingress and egress and to the willing workers/officers/ executives of the petitioner - corporation being public utility service for attending to their work/shift/duty of the petitioner - corporation, being a public utility service, pending disposal of W.P.No.24247 of 2014.
13. Though, in my view, the prayers are almost identical, the learned counsel for the petitioner contended that the prayer now made is comprehensive for including the areas of the entire township. According to the learned counsel, when the strike is illegal and when the previous order of interim injunction granted by this Court has been willfully disobeyed by the trade unions amounting to contempt of court, the second limb of the prayer also has to be granted.
14. A careful reading of the prayers made, of which, I have made a comparison as above, would show that the format and the syntax, in which the prayer is couched, differ. But, the contents are just the same. Therefore, since the second limb of the prayer is covered by the previous writ petition, I do not think that a second writ petition is maintainable.
15. If strike is construed to be a weapon at the hands of the workers under the Industrial Disputes Act, 1947, there are also equally effective weapons available to the management. Therefore,the appropriate course of action open to the petitioner is to work out their remedies under the industrial law and not to scuttle agitations.
16. Hence, recording the fact that the first limb of the prayer stands satisfied with the arrangements now made by the Superintendent of Police, the writ petition is closed. No costs. Consequently, the above MPs are also closed.
09.10.2014 Internet : Yes To
1.The Assistant Labour Commissioner (Central), DA3, Telecom Quarters Jayanagar, Reddiar Palayam, Puducherry.
2.The Superintendent of Police, Cuddalore District, Cuddalore.
3.The Collector, Cuddalore District, Cuddalore.
4.The Chief Secretary to the State of Tamil Nadu, Fort St.George, Chennai-9.
RS V.RAMASUBRAMANIAN,J RS WP.No.26918 of 2014 & MP.Nos.1 & 2 of 2014 09.10.2014