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2026 Supreme(Online)(Ker) 31405

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
MRF Limited – Appellant
Versus
MRF Employees Union – Respondent
WP(C) No. 9640 of 2026



Advocates:
For the Appellants/Petitioners: Abel Tom Benny, D. Prem Kamath, Aaron Zacharias Benny, V.G. Sankaran, Mathew Angelo Davis, Jyothika Krishna, Tessa Rose, Akhil James
For the Respondents: Asok M. Cherian, Navaneeth. N. Nath, Abhirami S., Abdul Latheef P.M., Krupa Saji, N. Satheesh

A writ petition seeking to restrain strikes during conciliation proceedings may be closed if the court finds that no such proceedings are actively pending between the parties.

Headnote:The petitioner sought to restrain the respondent-unions from agitating during the pendency of conciliation proceedings under the Industrial Relations Code, 2020. The petitioner had previously secured an order for police protection through another writ petition, which allowed for peaceful agitation. The findings of the court focused on the factual discrepancy regarding the existence of active conciliation proceedings. The main issue was whether the respondents were in violation of the Code by striking during ongoing conciliation. The court observed that the existence of such proceedings was contested by the respondents, who asserted that the dispute had already been settled, thereby rendering the prayer for restraint inapplicable. The writ petition was closed without further orders as the premise for the relief, namely the existence of pending conciliation, was disputed and not established.

Table of Content
1. court refusal to intervene when conciliation status is disputed. (Para 1 , 2 , 3)

JUDGMENT This writ petition has been essentially filed seeking an order restraining respondents 1 to 3, their office bearers, members and supporters from resorting to, commencing or continuing any strike or any other form of agitation in the petitioner’s establishment during the pendency of conciliation proceedings before the Conciliation Officer, in contravention of the provisions of the Industrial Relations Code, 2020. The petitioner had also approached this Court by filing W.P.(C)No.15511 of 2026, seeking police protection. That writ petition was disposed of on 21.05.2026 directing that the 4th respondent in that writ petition (Station House Officer, Manarcad Police Station, Kottayam) shall ensure that law and order is maintained and making it clear that the order will not prevent respondents 5 to 9 therein (the unions) from carrying out any peaceful agitation, in accordance with the law.

2. The learned counsel appearing for respondents 1 and 3 would submit that at present no conciliation proceedings are pending. While the learned counsel appearing for the petitioner asserts that Ext.P4 is pending, it is the specific case of the learned counsel appearing for respondents 1 and 3 that the issue mentioned in Ext.P4 was settled even before the commencement of conciliation proceedings, referred to in this writ petition.

3. Having heard the learned counsel for the petitioners, the learned counsel appearing for respondents 1 to 3 and the learned Government Pleader, I am of the opinion that since it is stated on behalf of respondents 1 and 3 that at present no conciliation proceedings are pending and especially taking note of the disposal of W.P(C)No.15511 of 2026, this writ petition can be closed, without any further orders.

Writ petition ordered accordingly.

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