It was an exercise in writ jurisdiction where the petitioner challenged a circular freezing Dearness Allowance. The court set aside the impugned circular because the government modified it via a subsequent order granting the allowance with retrospective effect, rendering the petition infructuous.
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: 16.02.2021
C O R A M
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.No.19233 of 2020
and W.M.P.Nos.23820 to 23822 of 2020
NLC Mazdoor Sangh, Rep. by its General Secretary, V.Murugan, Viswakarma Bhavan, D-24, Perumal Kovil Salai, Block No.27, Neyveli – 607 803. ... Petitioners vs.
1.The Government of India, Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises, Rep. By its Director, Public Enterprises Bhawan, Block No.14, CGO Complex, Lodhi Road, New Delhi – 110 003.
2.NLC India Limited,
Rep. by its Chairman and Managing Director, Corporate Office, Neyveli – 607 801.
3.NLC India Limited, Rep. By its Chief General Manager (HR)/IR, W.R.Section: H.R.Department: Corporate Office, Block – 1, Neyveli – 607 801. ... Respondents
Prayer: Writ petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records in pursuant to the Impugned Order in Cir.No.CORP/HR/WR/807/2017-11 dated 25.11.2020 passed by the 2nd Respondent in respect of freezing the Dearness Allowance payable to the unionized category of Workmen/NonExecutives alone working under the NLC India Limited and quash the same and consequently declare that the above Impugned Order is not applicable to unionized category of Workmen/NonExecutives alone working under the NLC India Limited.
For Petitioner : Mr.K.Sathiya Murthi
For Respondents: Mr.N.Nithiyanandam
(For R2 and R3)
O R D E R
The Circular No.CORP/HR/WR/807/2017-11 dated 25.11.2020 which is impugned in the present writ petition has been modified and the relief sought by the petitioner has been granted in Circular No.CORP/HR/WR/807/2017-12 dated 11.01.2021.
Accordingly, the writ petition is dismissed as infructuous. No Costs. Consequently, the connected miscellaneous petitions are closed.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar dm To 1.The Director, Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises, Government of India, Public Enterprises Bhawan, Block No.14, CGO Complex, Lodhi Road, New Delhi – 110 003.
2.The Chairman and Managing Director, NLC India Limited, Corporate Office, Neyveli – 607 801. https://hcservices.ecourts.gov.in/hcservices/
3.The Chief General Manager (HR)/IR, NLC India Limited, W.R.Section: H.R.Department: Corporate Office, Block – 1, Neyveli – 607 801.
+1cc to Mr.K.Sathiyamurthi, Advocate SR.8952 +1cc to Mr.N.Nithianandam, Advocate SR.9232
W.P.No.19233 of 2020
GMI(CO) CB(05/03/2021)
1 issue framed by the court
Whether the writ petition seeking quashing of a circular freezing Dearness Allowance to unionized workmen remains maintainable after fresh DA was granted.
1 provisions across 1 enactments
NLC Mazdoor Sangh
Government of India
NLC India Limited
NLC India Limited (Chief General Manager)
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
