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2024 Supreme(Online)(MAD) 38008

HIGH COURT OF MADRAS
Mr. Justice N. Senthilkumar, J
M/S.NLC INDIA LIMITED – Appellant
Versus
THE DEPUTY CHIEF LABOUR COMMISSIONER-CENTRAL – Respondent


Advocates:
Mr.G.Masilamani, Senior Counsel for Mr.N.Nithianandam; Ms.P.J.Anitha for R1 to R3 Central Government Standing Counsel; Mr.G.Sankaran, Senior Advocate for R5 for Mr.S.Nedunchezhiyan; Mr.J.Ravindran, Additional Advocate General for R6 Assisted by Ms.M.Jayanthy; Mr.V.Meganathan for R7 Government Advocate (Criminal Side)

ORDER

The petitioner has filed the present writ petition to declare the strike by the alleged members/representatives of the fifth respondent as illegal in terms of Section 22 of the Industrial Disputes Act, 1947 and consequently direct the fifth respondent, its alleged members and the contract workmen of respondents 8 to 10 from proceeding with the illegal strike and indulging in any mode of agitations either within, or at the Gates, or in the vicinity of the installations of the petitioner Company, being a Public Utility Service, which disrupts or has the potential to disrupt the mining and generation activities of the petitioner Company or preventing by threats, intimidation or otherwise, free ingress and egress to the willing contract workers and/or workers/executives of the petitioner Company form attending their works/shifts/duty or otherwise.

2. Before dealing with the facts, submissions and analysis, I feel it necessary to record the following:

i. Mr.G.Masilamani, learned Senior Counsel appearing for the petitioner made a representation before this Court on 13.08.2024 stating that the fifth respondent Union has called for a strike and if such strike is permitted, it may give

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