HC restrains NLC labour unions from going on strike

Madras High Court today passed an interim stay, restraining labour unions in public sector Neyveli Lignite Corporation (NLC) from going on strike from tonight or from any date thereafter.
When the case was mentioned before the First Bench, comprising Acting Chief Justice Rajesh Kumar Agrawal and Justice T Raja, it ordered an interim stay for the strike and ordered issue of notice to the labour unions.
The bench further posted the matter after two weeks.
Earlier, NLC had moved the High Court, seeking a direction to stop employees from gathering outside its gates and staging an agitation there.
Labour unions at NLC are scheduled to go on strike from tonight in protest against the government's proposed disinvestment plan.

When the petition came up for hearing today, Justice D Hariparanthaman adjourned the matter to Monday.

NLC's General Manager (HR) M Maheswaran, in his petition said the organisation was a public utility service and that its disruption in mining and power generation activities would seriously affect other services.
Citing a total of 18 registered labour unions as respondents, the management requested the court to restrain them from preventing by threats, intimidation or otherwise, the free ingress and egress of willing workers or officers or executives for attending their work/shift/duty.
Though the right to strike is a recognised right, it is not a fundamental right, "such right can be exercised only as per the provisions of the industrial laws," the petitioner said.

"It cannot exceed to the extent of preventing ingress and egress of willing/loyal employees, machineries and other activities, attracting penal provisions of the statute," the petition added.
Unions or other workers cannot deprive those persons who are willing to work, their right and interests, by doing acts not permissible in law, Maheswaran said in his writ petition.
"Agitational approach of certain unions or workers affecting the rights and interests of other workers, officers and management or adversely affecting the larger interest of the public and the nation cannot be countenanced," the petitioner further stated.