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2013 DIGILAW 20 (MAD)

Tamil Nadu Petroproducts Employees Union, rep. by its Secretary v. Assistant Commissioner of Labour

2013-01-02

M.JAICHANDREN

body2013
Judgment 1. This writ petition has been filed praying for the issuance of a writ of Mandamus, forbearing respondents 2 and 3 from deducting any amount from the salary payable to the employees of the petitioner Union, for the alleged illegal lock out done on 20th and 21st of January, 2011, till the conciliation proceedings are completed and the adjudication process attains finality. 2. It is not in dispute that there was a lock out by the third respondent management, on 20th and 21st of January, 2011. Learned counsel appearing on behalf of the petitioner Union had submitted that all the employees concerned, who are the members of the petitioner Union, had worked on 20th and 21st of January, 2011, in spite of the fact that there was a lock out on the said dates. He had further submitted that the lock out done by the third respondent management, on 20th and 21st of January, 2011, is illegal. Therefore, the said issue had become the subject matter of the conciliation proceedings. In the meanwhile, the third respondent management had issued a notice, dated 24.3.2011, stating that the salary due to the members of the petitioner Union, during the lock out period, i.e. on 20th and 21st of January, 2011, would be adjusted against the wages payable for the month of March, 2011. In such circumstances, the petitioner Union has preferred the present writ petition, under Article 226 of the Constitution of India. 3. This Court, by its order, dated 30.3.2011, had granted an order of interim injunction restraining the 3rd respondent from adjusting the salary due to the members of the petitioner Union, as stated in the notice, dated 24.3.2011, issued by the 3rd respondent. Thereafter, this Court, by its order, dated 27.4.2011, had extended the order of interim injunction granted on 30.3.2011, until further orders. 4. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner Union had submitted that the issue relating to the payment of wages to the members of the petitioner Union, for the said period, viz., 20th and 21st of January, 2011, is subject to the final orders that may be passed in the adjudication proceedings, if any. The learned counsel appearing for the 3rd respondent had not been in a position to state clearly the present position relating to the conciliation proceedings that had been initiated in respect of the said issue. 5. In such circumstances, this Court finds it appropriate to direct the 2nd and the 3rd respondents not to deduct the salary paid to the members of the petitioner Union, for the period 20th and 21st of January, 2011, until further orders are passed in the adjudication proceedings, if any, as per law. The writ petition is ordered accordingly. No costs. M.P.No.1 of 2011 is closed.