Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the order passed by a Division Bench of the Madras High Court dismissing the Writ Appeals filed by the appellant.

2.Background facts as projected by the appellant are as follows :

Respondents 2 to 23 went on illegal strike from 8.11.1990. Respondent No.15 and one S.L. Sundaram who had died in the meantime were the first to strike work in the blow room resulting in the stoppage of entire operation of the appellant’s textile mills. Other workmen followed. All the 55 workers who resorted to strike were suspended. Even after their suspension, respondents 2 to 17 remained in the premises causing obstruction. All the 55 workers were charged for mis-conduct. Out of them 34 apologized and they were taken back into service. But subsequently, three more also apologized and they too were allowed to join duty. The respondents 2 to 23, however, did not relent. On 14.3.1991 the General Secretary of the Tamil Nadu Panchalai Workers’ Union served a strike notice on the management purportedly under Section 22(1) of the Industrial Disputes Act, 1947 (in short the ‘Act’) stating that “strike would commence on or after 24.3.1991" and on 8