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2026 Supreme(Online)(Ker) 17081

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
CSB BANK LIMITED – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 9408 OF 2026



Advocates:
For the Appellants/Petitioners: ANOOP T.N.
For the Respondents: SRI.SOBHAN GEORGE, SRI.K.V.GEORGE, SRI. SHEEJA C.S., SR. GP.

The court affirmed that strikes cannot occur during the pendency of conciliation under the Industrial Disputes Act.

Headnote:The judgment interprets the Industrial Disputes Act, especially Sections 22 and 23, prohibiting strikes during conciliation proceedings. The petitioner, a bank, sought to prevent proposed strikes by unions, asserting statutory rights. The court noted the ongoing conciliation and deferred strike, thereby closing the writ petition.

J U D G M E N T

The writ petition is filed with the following prayers;

“(i). issue a declaration that the respondents 17 and 18 have no right or authority to go on strike in violation of the statutory mandate contained in Sections 22 and 23 of the Industrial Disputes Act , which prohibits strikes and lockouts during the pendency of the conciliation proceedings and 7 days after the conclusion of the conciliation proceedings.

(ii) issue a writ of mandamus or any other appropriate writ, direction or orders, directing the respondents 2 to 16 to provide sufficient, adequate and effective police protection for the smooth functioning of all the branches of the petitioner bank, its zonal offices and head office from the proposed strike to be conducted by the respondents 17 and 18 trade unions and their associates on 16.03.2026 (iii) issue a writ of mandamus or any other appropriate writ, direction or orders, directing the respondents 2 to 16 to initiate proper and effective action preventing respondents 17 and 18 from putting up any structures and holding protests within the premises of the petitioner bank.

(iv). issue any other writ, order or direction that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

(v). pass an order dispensing with the translation of the documents produced along with the Writ Petition in vernacular language.”

2. Adv.Sobhan George appears for respondents 17 and 18 and submits that conciliation is going on and that the proposed strike is deferred. This is recorded.

Accordingly, the writ petition is closed without prejudice to the right of the petitioner to approach this Court again, in case there is a fresh cause of action.

SD/-

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