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Showing contexts for: second injunction in Nlc Officers' Association vs Government Of India on 6 June, 2011Matching Fragments
a) A similar circular was issued by the second respondent on 24.01.2011 in respect of the workers, against which the workers have filed W.P.No.2412 of 2011, challenging the said circular and this Court has granted interim injunction on 01.02.2011 and thereafter, the second respondent Management has withdrawn the said Circular dated 24.01.2011. After withdrawal, the second respondent has issued the impugned circular dated 05.02.2011, by altering the working hours, with the result, the Members of the petitioner Association have to work for one hour thirty minutes more every day.
3. The impugned circular has been challenged in this writ petition on various grounds including that the same is contrary to law; that for 50 years, the officers have been attending the office from 10 am to 5 pm and enjoying the holidays for 16 days and the same has been taken out all of a sudden, and that the second respondent has issued a notice dated 24.01.2011, proposing to change the timings of both the workers and officers and when the workers went to Court and obtained injunction, the second respondent has withdrawn the circular and in respect of the workers the notice has been issued under Section 9A of the Industrial Disputes Act,1947 calling for objections, but in case of officers, such provision may not apply, however, the principles of natural justice would apply and the officers should have been heard before issuing such circular. It is stated that there are about 30 offices and some of the offices are relating to production units where higher incentives are being given and therefore they are asked to work from 9 am to 5.30 pm, but whereas in respect of offices working in non-production units, they are not given incentives and working from 10 am to 5 pm cannot be directed to work more and that the impugned notice increasing the working hours is illegal.
4. While the matter came up for admission, this Court has granted an order of injunction on 08.02.2011, which was subsequently extended on 28.02.2011. The second respondent, has filed an application to vacate the order of injunction along with the counter affidavit. In the counter affidavit it is stated that the impugned circular relates to change in working hours and permissible holidays of a particular category of executives and non-unionised supervisors of the second respondent Corporation and it is a matter of administrative policy. The executives and the non-unionised supervisors of the Corporation are not workmen governed by the Certified Standing Orders or by the Industrial Disputes Act,1947.