W.A.No.2357 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.08.2025 CORAM THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Writ Appeal No.2357 of 2025 and C.M.P.No.17990 of 2025 NCL India Limited Formerly known as Neyveli Lignite Corporation Limited , rep. by tis General Manager (HR)/IR, Neyveli Township P.O., Neyveli - 607 801 ..Appellant Vs. 1. CITU NLC Labour and Staff Union, Represented by its General Secretary, Behind CBS, block No.24, Neyveli - 607 801. 2. M.Srinivasan 3. Government of India, Ministry of Labour, Shram Aur Rozgar Mantralaya, New Delhi 110 001 4. The Regional Labour Commissioner (Central) Office of the Regional Labour Commissioner, No.14, Haddows Road, Sastri Bhavan, Chennai - 600 006. ..Respondents. Page 1 of 5 https://www.mhc.tn.gov.in/judis W.A.No.2357 of 2025 Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 18.09.2024 passed by this Court in W.P.No.37882 of 2015. For Appellant : Mr.F.B.Benjamin George JUDGMENT (The order of the Court was made by J.Nisha Banu,J.) This Writ Appeal has been filed as against the order dated 18.09.2024 passed by this Court in W.P.No.37882 of 2015. 2. The appellant is the 3rd respondent in the writ petition. The 1st respondent/CITU-NLC Labour & Staff Union and the 2nd respondent/workman herein are the petitioners in the writ petition. The writ petition has been filed challenging the order of the third respondent/appellant herein dated 03.11.2015 for deducting 6 days wage cut for participating in the strike from 20.07.2015 to 27.08.2015. The Writ Court, following the judgment of the Division Bench in similar matter, allowed the writ petition. 3. Learned counsel for the appellant would state that the appellant has filed a writ petition in W.P.No.18803 of 2015 seeking to forbear the recognised unions from proceeding with the illegal strike. This Court, passed an order dated 29.06.2015 restraining the trade unions from going on strike. The trade unions including the 1st and 2nd respondents herein disobeyed the order of this Court and continued with their illegal strike https://www.mhc.tn.gov.in/judis W.A.No.2357 of 2025 from 20.07.2015. The contempt petition filed by the appellant in Contempt Petition Nos.1616 & 1736 of 2016 were disposed of recording the unconditional apology tendered by the contemnors. Therefore, the writ court ought not to have allowed the writ petition. 4. On perusal of the records, it is seen that the appellant did not issue any notice much less show cause notice for deduction of wages to the workman. The appellant, without following the principles of natural justice had passed the order, deducting 6 days wage cut. Once an order was passed without following the rules and if the principles of natural justice is violated, the order can be challenged by way of writ petition. The Writ Court, following the judgment of the Division Bench of this Court has allowed the writ petition. We find no ground to interfere with the order passed in the writ petition. Accordingly, the Writ Appeal stands dismissed. No costs. [J.N.B.,J.] [M.J.R.,J.] 11.08.2025 vsi Speaking order/Non-speaking order Neutral Citation:Yes/No To 1. Government of India, https://www.mhc.tn.gov.in/judis W.A.No.2357 of 2025 Ministry of Labour, Shram Aur Rozgar Mantralaya, New Delhi 110 001 2 The Regional Labour Commissioner (Central) Office of the Regional Labour Commissioner, No.14, Haddows Road, Sastri Bhavan, Chennai - 600 006. J.NISHA BANU,J. AND https://www.mhc.tn.gov.in/judis W.A.No.2357 of 2025 M.JOTHIRAMAN,J. Vsi W.A.No.2357 of 2025 11.08.2025 https://www.mhc.tn.gov.in/judis