A strike initiated by a trade union in a public utility service is illegal under Section 22 of the Industrial Disputes Act, 1947, if it occurs while conciliation proceedings are pending before the appropriate labor authority.

JUDGMENT

The petitioner has approached this Court being aggrieved by the fact that the 1^st respondent -union has resorted to an illegal strike without notice as mandated by Section 22 of the Industrial Disputes Act, 1947. It is the case of the petitioner that the petitioner is undertaking public utility services and is engaged in the transportation and distribution of petroleum gas and other related products. It is also the case of the petitioner that the dispute in respect of which the strike has been called/held by the 1^st respondent-union is pending conciliation before the Conciliation Officer. It is submitted that the strike pending conciliation is illegal.

2. When this matter came up for consideration before this Court on 21-03-2025, this Court passed the following order:

“Issue notice by speed post to the

1^st respondent. The learned Central Government Counsel takes notice for the 2^nd respondent.

2. The petitioner is a service provider engaged in the transportation and distribution of petroleum gas and related products. The 1st respondent union has called for strike as per Ext.P5. It is submitted that the petitioner is a public utility service under the Industrial Disputes Act, 1947 (for short ‘the Act’) and that conciliation proceedings are pending before the Regional Joint Labour Commissioner, Kollam. 3. In view of the above submissions, I am prima facie satisfied that the strike called for by the 1^st respondent as per Ext.P5 notice is in breach of the provisions under Section 22(1)(d) of the Act. 4. There will be an interim direction as prayed for, for a period of two months.

Post on 19.05.2025. ”

3. Despite service of notice, there is no representation for the 1^st respondent.

4. A perusal of the interim order dated 21-03-2025 indicates that this Court was inclined to pass an interim order taking into consideration the submission that conciliation proceedings are pending. Since it is stated before me that the conciliation proceedings are still pending, the interim order dated 21-03-2025 is made absolute, and it is made clear that the 1^st respondent shall not resort to a strike pending the conciliation proceedings.

The writ petition is ordered accordingly.