Orissa High Court
National Aluminium Company vs Deputy Chief Labour .... Opp. Parties on 31 March, 2022
Bench: Biswajit Mohanty, Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7031 of 2022
National Aluminium Company .... Petitioner
Limited, Angul.
Mr. T.Mishra, Advocate
-versus-
Deputy Chief Labour .... Opp. Parties
Commissioner
(Central)Bhubaneswar &
others
Mr.J.Nayak, C.G.C.
Mr.T.K.Pattanayak, Advocate for O.P.
No.3.
CORAM:
JUSTICE BISWAJIT MOHANTY
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No. 31.03.2022 I.A. No. 4226 of 2022
3. 1. This matter is taken up through Video Conferencing Mode.
2. Heard Mr.T.Mishra, learned counsel for the petitioner, Mr.J.Nayak, learned Central Government Counsel and Mr.T.K.Pattanayak, learned counsel representing opposite party no.3.
3. Both Mr.J.Nayak, learned Central Government Counsel and Mr.T.K.Pattanayak, learned counsel representing opposite party No.3 submit that they do not have any objection if the present application for amendment is allowed.
4. Considering the submissions made and the grounds taken in the petition, prayer for amendment is allowed.
5. Mr.Mishra, leaned counsel for the petitioner files a copy of the consolidated writ petition in Court today. The same be tagged to the record.
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6. I.A. is accordingly disposed of.
(Biswajit Mohanty) Judge (Biraja Prasanna Satapathy) Judge
4. W.P.(C) No. 7031 of 2022 & I.A. No. 4225 of 2022
7. Heard Mr.T.Mishra, learned counsel for the petitioner, Mr.J.Nayak, learned Central Government Counsel and Mr.T.K.Pattanayak, learned counsel representing opposite party no.3.
8. Mr.Mishra, learned counsel for the petitioner submits that all major unions of both Smelter Plant and Captive Power Plant participated in an agitation/strike on 13.9.2021 on the issue of supplying of laptop to all Non-Executives without notice violating the Code of Discipline. In this context he relies upon an inter office memo dated 1.10.2021 under Annexure-
11. He further submits that in the minutes of discussions held on 13.9.2021 under Annexure-4 series whereby the agitation was called off was signed by a number of unions including opposite party No.3. Secondly he submits that though this Court while disposing of W.P.(C) No.34873 of 2021 has never directed for holding of any election but only directed for disposal of representation, however the Deputy Chief Labour Commissioner (Central) in its letter dated 27.12.2021 written to Deputy Chief Labour Commissioner, Bhubaneswar under Annexure-13 wrongly indicates that the Deputy CLC Central should conduct election strictly in compliance with the direction of this Court in the above noted writ petition with regard to verification of membership of trade unions, operating in Captive Power Plant in NALCO. Thirdly, he submits that NALCO Employees Sangha which operates both in Smelter Plant and Captive Power Plant took active part in Page 2 of 4 // 3 // such agitation. In this context he draws our attention to Clause-(iii) of Rule 4 of the Code of Discipline which makes it clear that a union can claim to be recognized as a representative union for an industry in a local area if it has not been found responsible for a breach of the Code during a period of one year immediately before claiming recognition and Clause II(iii) of Appendix-I attached to the Code of Discipline which makes it clear that there shall be no strike without notice. In such background he submits that election can only be held after 13.9.2022 and not now.
9. Considering such submissions, this Court is of the opinion that matter requires consideration by this Court.
10. Issue notice.
11. Since Mr.J.Nayak, learned Central Government Counsel accepts notice on behalf of opposite party No.1, one extra copy of the writ petition be served on him.
12. Since Mr.G.Mukherji, learned Senior Counsel accepts notice on behalf of opposite party No.2, one extra copy of the writ petition be served on him.
13. Since Mr.T.K.Pattanayak, learned counsel accepts notice on behalf of opposite party No.3, one extra copy of the wit petition be served on him.
14. Since Ms.S.Patra, learned counsel accepts notice on behalf of opposite party Nos. 4 and 5, two extra copies of the writ petition be served on her.
15. Notice be issued to opposite party No.6 through special messenger, cost of which shall be assessed and deposit be made by 4th April, 2022.
16. Mr.Pattanayak, learned counsel representing opposite party No.3 files counter affidavit in Court today. The same be tagged to the records.
17. List this matter on 20th April, 2022.
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18. Till next date, further proceeding in connection with the verification process as delineated under Annexure-15 dated 22.3.2022 issued by Dy. CLC(Central), Bhubaneswar shall remain stayed till next date.
19. Urgent certified copy of the order be granted in course of the day.
(Biswajit Mohanty) Judge kishore (Biraja Prasanna Satapathy) Judge Page 4 of 4