The Madras high court has vacated its interim order.
Madras High Court
CHENNAI: The Madras high court has vacated its interim order which restrained Neyveli Lignite Corporation (NLC) from deducting wages from members of CITU NLC Labour and Staff Union for six days for participating in a strike. Justice T.S. Sivagnanam, who vacated the interim order dated November 27, said the fact remained that workmen went on strike in spite of the prohibitory order.
From the averments in the management’s counter affidavit, it appears prima facie that the workmen unleashed terror in the township and there has been damage to public property and vehicles owned by the management and its executives. If what has been stated in the counter affidavit of the management was true, the public of the area would have been in peril and this has happened when there was prohibitory order passed by this court, restraining the trade union and its members from proceeding with the strike, the judge added.
The judge said, “Given these hard facts, this court is of the firm view that the petitioners have failed to make out any prima facie case in their favour. The balance of convenience is definitely not on their side”. If there was a wage cut and there was a challenge to the wage cut and ultimately, if the workmen succeed in the challenge, the action of the management imposing a wage cut was reversible.
“Therefore, it is not a situation where the clock cannot be put back. For all the above reasons, the interim order granted on November 27 is vacated”, the judge added.
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( Source : deccan chronicle )
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