In, Sri Sivabalan Transports & Ors vs Hindustan Petroleum Corporation Ltd & Ors, a Single Bench of Kerala HC While restraining the strike through interim order has held that, The transportation of the LPG cylinders is a public utility service as defined in Section 2(n) of the ID Act read with First Schedule to the Act. Section 22(1) of the ID Act provides that, no person employed in a public utility service shall go on strike, in a breach of contract during the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.
Facts
The petitioners are engaged in the business of transportation of packed LPG cylinders. The third respondent union has called for 48 hours strike. According to the petitioners, the strike would disrupt the transportation of LPG cylinders from the LPG bottling plant of the first respondent. The District Labour Officer had convened a conciliation meeting which has been adjourned to another date.
The petitioners have filed this writ petition to declare the strike proposed by the 4th respondent as illegal and is in violation of Section 22(1) of the Industrial Disputes Act, 1947 and for other reliefs. An interim order is sought to restrain the 3rd respondent Union and its members from resorting to strike proposed to be held on 22nd and 23rd of August, 2022 or any subsequent dates.
Court Observation
The Single Bench of Kerala HC while deciding the legality of the strike observed that, Section 22(1) of the ID Act provides that, no person employed in a public utility service shall go on strike, in a breach of contract during the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings. Since conciliation proceedings is pending.
Court Judgment
The Kerala HC while retraining the Respondent has held that, the transportation of the LPG cylinders is a public utility service as defined in Section 2(n) of the ID Act read with First Schedule to the Act.
Further court held that Section 22 prohibits strikes and lock outs during the pendency of any conciliation proceedings, to ensure that public utility service is not affected.
Case: Sri Sivabalan Transports & Ors vs Hindustan Petroleum Corporation Ltd & Ors.
Citation: WP(C) NO. 26866 OF 2022
Bench: Hon’ble Mr Justice Murali Purushothaman
Decided on:19th August, 2022.
Read Judgment @Latestlaws.com
Picture Source :
