NLC OFFICERS ASSOCIATION Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE writ petitioner Association viz., NLC Officers' Association has filed the present writ petition through its General Secretary, challenging the orders of the second respondent, Neyveli Lignite Corporation Ltd., dated 05.02.2011, by which the second respondent has issued a circular, modifying the working hours and holidays for the executives working in general shift and administrative offices.

(2.) THE second respondent is stated to have consisted about 4000 staff members out of whom, around 500 staff members working on the executive and administrative side are stated to be the members of the petitioner Association and the writ petition is filed on behalf of the members of the Association to set aside the circular issued by the second respondent, by which according to the petitioner Association, the service condition has been altered unilaterally, viz., the working hours which was 10 a.m. to 5 p.m. has been changed from 9 am to 5.30 pm and the number of holidays has been reduced from 16 to 9 with effect from 08.02.2011.

(3.) IT is the main contention of Mr.N.G.R.Prasad, learned counsel appearing for the petitioner Association that the Circular is unilateral and even though it comprises that the members of the petitioner Association are not entitled for notice under Section 9A of the Industrial Disputes Act,1947, at least a minimum requirement of compliance of the principles of natural justice should have been followed and the circular being unilateral in nature, is liable to be set aside by relying upon the judgment in Life Insurance Corporation of India vs. D.J.Bahadur and others (1981 (1) SCC 315). He would also place reliance on the judgment of the Division Bench in N.P.K.R.R.Co.operative Sugar Mills Cane Growers Association vs. Union of India (2010 (6) MLJ 251).