CHENNAI: The Madras High Court on Monday stayed the strike announced by the employees of Tamil Nadu Generation and Distribution Corporation (Tangedco) scheduled to begin on Tuesday. Issuing the stay order, the first bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy said it would be appropriate to grant an ad-interim injunction restrining the members of the unions from indulging in any illegal strike or any kind of agitation either on the premises or outside or in the vicinity of Tangedco on or from January 10, 2023.
The order was passed on petitions filed by J Elumalai, an advocate, and A Saravanan of Virugambakkam in Chennai. The bench felt since conciliation proceedings were already initiated and both parties are already participating in the proceedings, they (unions) ought to have waited for the outcome.
“Therefore, in view of Section 22(1)(d) of the ID Act, prima facie, in our considered view, such a move for strike is not legally sustainable,” the bench said. The petitioner said if the strike is allowed, it would affect the public including students, patients, industries, commercial establishments and public utility services.
Representing the state government, Additional Advocate General (AAG) J Ravindran, submitted the employees decided to go on strike from Tuesday 6 pm to Wednesday 6 am even before the talks with the trade unions concluded. “It is completely absurd and illegal,” he said.
Referring to an HC judgment in the case of TK Rangarajan vs TN govt, he said the employees neither have fundamental right nor legal or statutory right to strike work. “If it is allowed, it will affect educational institutions, commercial and industrial establishments; even the functioning of the court will come to a standstill,” Ravindran said.
He said the strike, considered to be illegal thereby contravening section 22(1)(d) of the Industrial Disputes Act, 1947, will result in the entire state coming to a grinding halt without electricity, thereby leading to chaos.