Petition challenged strikes at a public utility service. Court noted the proposed strike was withdrawn, rendering the petition infructuous. The court disposed of the petition but left open the broader issue of future strike compliance.
No benefit of any order. Consequently, connected miscellaneous petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2020
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR
W.P.No.15325 of 2020
and W.M.P.Nos.19163 and 19165 of 2020
Bharat Petroleum Corporation Limited, Ranganathan Gardens 11th Main Road, Anna Nagar Chennai-40
Rep by its General Manager (HRS) South
Rep by its General Manager (HRS) South ... Petitioner -Vs1 Deputy Chief Labour Commissioner Cental office of the Deputy Chief Labour Commissioner Central No 26 3rd Block 5th Floor Sastri bhavan Haddows Road Nungambakkam 2 General Secretary Petroleum Employees Union, No 1 Ranganathan Gardens Anna Nagar West, Chennai-40 3 General Secretary Petroleum workers Union Post Box No 1212 and 1213 Anna Nagar, Chennai-40 4 The Director General Police Tamil nadu Dr Radhakrishna Salai Mylapore Chennai-4 .. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the 1st Respondent to act on the Representation of the Petitoner dated 16.10.2020 forbear 2nd and 3rd Respondents from restoring to an illegal strike on from 6AM on 2.11.2020 to 6 AM on 7.11.2020 pursuant to their strike notice dated 14.10.2020.
For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.,
For Respondents : Mr.Ashok Kumar – for R1
The prayer sought for in this writ petition is to direct the 1st Respondent to act on the Representation of the Petitoner dated 16.10.2020 forbear 2nd and 3rd Respondents https://hcservices.ecourts.gov.in/hcservices/ from restoring to an illegal strike on from 6 AM on 2.11.2020
to 6 AM on 7.11.2020 pursuant to their strike notice dated 14.10.2020.
“ 10. In that view of the matter, based on the prima facie case made out by the petitioner, as projected by the learned counsel appearing for the petitioner, this Court is inclined to grant the following interim order.
(i)There shall be an interim order of injunction restraining the second and third respondents from going for a strike as they proposed under strike notice dated 14.10.2020 issued separately by second and third respondents to go for a strike between 02.11.2020 6.00 a.m. And 07.11.2020 6.00 a.m.
(ii) Accordingly, the fourth respondent is hereby directed to give adequate police protection for the installations of the petitioner, on need basis, during the proposed strike period, to maintain law and order.
Post the matter on 19.11.2020.”
2 General Secretary,Petroleum Employees Union, No.1 Ranganathan Gardens Anna Nagar West, Chennai-40
3 General Secretary, Petroleum workers Union Post Box No 1212 https://hcservices.ecourts.gov.in/hcservices/ and 1213 Anna Nagar, Chennai-40.
4 The Director General Police, Tamil nadu Dr Radhakrishna Salai Mylapore Chennai-4.
+1cc to T.S.Gopalan & Co., SR.NO.38820
W.P.No.15325 of 2020
BP CO SDR 18/12/2020
2 issues framed by the court
Whether the writ petition praying to restrain illegal strikes should be disposed of after the strike was withdrawn.
Whether a suitable direction can be issued to unions to adhere to Industrial Disputes Act provisions regarding strikes.
Bharat Petroleum Corporation Limited
Deputy Chief Labour Commissioner Central
Petroleum Employees Union
Petroleum workers Union
Director General Police Tamil nadu
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
