Karnataka High Court allows Writ against the HAL Employees Association to end the Strike

Must Read

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration,...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be...

Follow us

Hindustan Aeronautics Limited (HAL) is an aerospace and defence company, which has headquarters in Bangalore. It is governed under the management of the Indian Ministry of Defence. It had filed writ petition praying to issue a writ of mandamus to restrain office bearers and workmen of HAL Employees Association from the continuing strike, same was allowed.

“A Writ of Mandamus is an order that is issued from a court of superior jurisdiction that commands an inferior Tribunal, Corporation, Municipal Corporation, or individual to perform, or refrains from performing, a particular act, the performance or omission of which is required by law as an obligation.”

Facts of the case

HAL Employees Association gave a notice on 6th August 2018 proposing to go on one-day token strike on 24th August 2018 on the ground that workmen’s wage settlement had elapsed in December 2016 and their charter of demands for wage revision for the period 2017-21 was not considered.  The Conciliation Officer and Assistant Labour Commissioner (Central) issued a notice on 10th August 2018 fixing conciliation meeting on 20th August 2018.  Accordingly, conciliation proceedings were held. The Conciliation Officer directed the association to desist from going on strike.

On 30th September 2019, Association caused another intimating about the indefinite strike to be commenced from 14th October 2019. Management replied to the said notice on 3rd October 2019 stating inter alia that Management was always open to conclude the wage revision at the earliest with realistic increases.

The Conciliation Officer advised the Association to call off the strike and the Management to maintain status-quo as per Section 33 of the Industrial Disputes Act, at the meeting of conciliation which was held on 16th October 2019.

 “Sec 33 of The Industrial Disputes Act says Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings”.

Arguments

Shri. Subba Rao, counsel for HAL Employees Association mainly urged three contentions:

  • that a writ petition is not maintainable because a mandamus can be granted only in a case where there is a statutory duty imposed and there is the failure to discharge statutory obligation;
  • the only remedy available in respect of a strike is under the ID Act; and
  • ‘Right to strike’ is recognized as a legitimate and important weapon.

Shri. Sawkar counsel for the HAL management submitted that the conciliation proceedings commenced as per Section 20 of the ID Act. The proceedings are in progress. HAL is a defence establishment.  It also repairs and services the defence Aircraft. Due to the strike, HAL has suffered the loss of an average of Rs.17 crores for each day between 14th and 16th October 2019. Adverting to Section 22(1)(d) of the ID Act, he argued that no person employed in a public utility service shall go on strike during the pendency of any conciliation proceedings before the Conciliation Officer and 7 days after the conclusion of such proceedings. In such circumstances, it is unlawful for the Union to go on strike.

Decision of the Court

On hearing the contentions of both the counsel High court of Karnataka allowed the writ of Mandamus and ordered the Conciliation Officer to continue with the proceedings. Further stated Petitioner and Union shall participate actively and endeavour to settle the issue at the earliest.

[googlepdf url=”http://libertatem.in/wp-content/uploads/2019/12/Karnataka-High-Court-allows-Writ-against-the-HAL-Employees-Association-to-end-the-strike.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


Contribute stories like this and help us spread awareness for a better society. Submit Your Post Now. You can also join our Team of Courtroom and regularly contribute cases like the above one.

For more Courtroom Updates, check out our Courtroom Page

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in the matter of State of U.P...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High Court to permit the members...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on basis of re-employment till the...

Parties Cannot Deny Specific Performance Merely Due To Delay: Supreme Court

The Supreme Court, in Ferrodous Estate v P Gopirathnam, revisited the law on the specific performance of a contract. It reiterated that mere delay...

More Articles Like This

- Advertisement -