Judgment

C.K. THAKKER, J. - Leave granted.

2. A public utility undertaking (cooperative bank) challenges in this appeal an order passed by a Single Judge of the High Court of Judicature at Madras dated 18 - 9 - 2000 in Writ Petition No. 11948 of 1993 and modified by the Division Bench of the said Court on 3 - 11 - 2004 in Writ Appeal No. 45 of 2001.

3. To appreciate in its proper perspective an important question raised in the appeal, it is necessary to set out relevant facts.

4. The appellant is Coimbatore District Central Cooperative Bank having its head office at Coimbatore. It is having 17 branches in the revenue district of Coimbatore. It is the case of the appellant Bank that the Coimbatore District Central Cooperative Bank Employees Association ("the Union" for short) gave a "strike notice" on 31 - 3 - 1972 which was received by the Management on 5 - 4 - 1972 proposing to go on strike from 14 - 4 - 1972. The reason for such notice and going on strike was suspension of certain employees and withholding of their salary by the Management. Since the strike call was illegal and the notice was not in consonance with the provisions of the Industrial Disputes Act, 1947 (hereinafter