Case Note & Summary
The petitioner, Bharat Petroleum Corporation Ltd., a public limited company and a public utility service, filed two writ petitions under Article 226 of the Constitution of India seeking a declaration that the proposed strike by the respondent Unions (Petroleum Workmen's Union, Bharat Petroleum Corporation Process Technicians and Analysts' Union, Bharat Petroleum Technician and Non Technical Employees Association, Bharat Petroleum Corporation (Refinery) Employees Union, Petroleum Employee's Union, and Bharat Petroleum Karmachari Union) is illegal and unjustified. The respondent Unions gave strike notices dated 6th July, 2011 and 12th July, 2011. The matter was discussed before the Conciliation Officer. The court, after hearing counsel for both parties, held that the strike was illegal as the mandatory requirements of Section 22 of the Industrial Disputes Act, 1947 were not complied with. The court declared the proposed strike illegal and unjustified and restrained the respondent Unions from going on strike.
Headnote
A) Industrial Disputes Act, 1947 - Strike in Public Utility Service - Section 22 - Illegality of Strike - Strike notice must be given within six weeks before strike and conciliation proceedings must be held - The respondent Unions gave strike notices but the matter was discussed before the Conciliation Officer and the court found that the strike was illegal as the mandatory requirements of Section 22 were not complied with - Held that the strike is illegal and unjustified (Paras 1-4).
Issue of Consideration
Whether the proposed strike by the respondent Unions pursuant to strike notices dated 6th July, 2011 and 12th July, 2011 is illegal and unjustified.
Final Decision
The court declared the proposed strike by the respondent Unions pursuant to strike notices dated 6th July, 2011 and 12th July, 2011 as illegal and unjustified.
Law Points
- Strike notice must comply with Section 22 of Industrial Disputes Act
- 1947
- Conciliation proceedings mandatory before strike
- Public utility service strike requires notice and conciliation
Case Details
2011 LawText (BOM) (08) 37
WRIT PETITION (L) NO.1472 OF 2011 and WRIT PETITION (L) NO.1517 OF 2011
A.M. Khanwilkar, R.Y. Ganoo
Mr. J.P. Cama, Sr. Counsel with Mr. R.S. Pai & Mr. Mahesh S. Londha i/b. Sanjay Udeshi & Co., Ms. Jane Cox for the Respondents
Bharat Petroleum Corporation Ltd.
Petroleum Workmen's Union, Bharat Petroleum Corporation Process Technicians and Analysts' Union, Bharat Petroleum Technician and Non Technical Employees Association, Bharat Petroleum Corporation (Refinery) Employees Union, Union of India through Dy. Chief Labour Commissioner (Central), Petroleum Employee's Union, Bharat Petroleum Karmachari Union
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking declaration that proposed strike is illegal and unjustified.
Remedy Sought
Declaration that the proposed strike by respondent Unions is illegal and unjustified.
Filing Reason
Respondent Unions gave strike notices dated 6th July, 2011 and 12th July, 2011, and the petitioner Corporation sought to prevent the strike.
Issues
Whether the proposed strike by the respondent Unions is illegal and unjustified.
Submissions/Arguments
Heard Counsel for the parties.
Ratio Decidendi
The strike is illegal as the mandatory requirements of Section 22 of the Industrial Disputes Act, 1947 were not complied with.
Judgment Excerpts
By this Writ Petition under Article 226 of the Constitution of India, the petitioner Corporation seeks declaration that the proposed strike of the respondent Unions, pursuant to the strike notices dated 6th July, 2011 and 12th July, 2011, in the respective matters is illegal and unjustified.
Procedural History
The respondent Unions gave strike notices on 6th July, 2011 and 12th July, 2011. The matter was discussed before the Conciliation Officer. The petitioner filed writ petitions seeking declaration that the strike is illegal. The court heard counsel and passed order on 2nd August, 2011.
Acts & Sections
- Industrial Disputes Act, 1947: Section 22
- Constitution of India: Article 226
