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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M.
Federal Bank Ltd. Aluva – Appellant
Versus
Federal Bank Officers Association – Respondent
| Table of Content |
|---|
| 1. quashing of notices under id act. (Para 1 , 2) |
| 2. details about the parties involved. (Para 3) |
| 3. learned single judge's findings. (Para 4) |
| 4. arguments of both parties regarding the applicability of id act. (Para 5 , 6) |
| 5. banking industry's role and legal standing. (Para 7 , 8 , 9) |
| 6. conciliation proceedings and definitions under id act. (Para 10 , 11) |
| 7. duties and roles of conciliation officers. (Para 12) |
| 8. provisions about strikes and lockouts. (Para 14 , 15) |
| 9. interpretations and precedents of id act. (Para 16 , 17 , 18 , 19) |
| 10. analysis of broader impact of strikes. (Para 20 , 21 , 22) |
| 11. right to strike and its limitations. (Para 23 , 24) |
| 12. conclusion about applicability. (Para 25 , 26) |
| 13. impact on public interest. (Para 27 , 28 , 29) |
| 14. prohibition of strikes in public utility services. (Para 30 , 31 , 32) |
| 15. judicial view on prior litigation. (Para 33 , 34) |
| 16. summary and dismissal of the writ petition. (Para 35) |
JUDGMENT :
1. The present appeal arises out of the judgment dated 28.03.2025 passed by the learned Single Judge of this Court in WP (C) No. 9196/2023. By the judgment under challenge, the learned Single Judge, while allowing the writ petition, quash
Conciliation proceedings under the Industrial Disputes Act, 1947 can be initiated against a trade union's strike call even if its members are not classified as 'workmen', as long as they are employed....
The Conciliation Officer lacks jurisdiction to initiate proceedings for disputes involving non-workmen, as defined under the Industrial Disputes Act, 1947.
The main legal point established in the judgment is that the Tripartite Settlement dated 23.07.2008 was binding on the workmen, and the court did not find grounds to interfere with the decision of th....
The Industrial Court has jurisdiction over trade disputes referred by the Minister, and immunity under s 22(1) of TUA does not apply to such disputes.
The workers of factory of petitioner - company shall not cause any hindrance in smooth functioning of petitioner company and shall create an atmosphere of harmony and peace with the management of pet....
Termination from service - Misconduct – As per provisions of ID Act at a time when Union had continued to enjoy its corporate body status cannot be said to be in any manner vitiated merely because Un....
Termination of employment deemed punitive requires prior permission under Section 33 of the Industrial Disputes Act, 1947, which was not obtained, rendering the termination illegal.
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