JUDGMENT :

Pamidighantam Sri Narasimha, J.

1. The Appellant is a cooperative society run by ex-officers of the three defence forces, engaged in the business of providing support services such as transportation, house-keeping and security services to companies and Government establishments. Respondent is a labour union affiliated with the Indian National Trade Union Congress, representing the drivers formerly employed by the Appellant.

2. Fifty-five drivers who are members of the Respondent Union were employed by the Appellant from 1998 through a settlement for pay and allowances. As the settlement expired on 30.06.2004, fresh negotiations between the employer and the employees commenced but did not result in any easy settlement due to claims for pay hike and demands for permanency of casual employees. Conciliation proceedings were invoked on 22.01.2007 and proceedings before the Deputy Commissioner of Labour, Pune were going on.

3. While the next date of conciliatory proceeding was fixed on 05.02.2007, the employees resorted to strike on 23.01.2007. On the same day, the Appellant filed a complaint before the Industrial Court, asserting that the strike was illegal, and the employees sho