HERDILLIA CHEMICALS EMPLOYEES UNION Vs. HERDILLIA CHEMICALS LTD

JUDGEMENT

(1.) THE petitioner Union and its General and Joint Secretaries are aggrieved by the impugned judgment and order dated 30-9-1995 passed by the Presiding Officer of the 4th Labour Court, Thane whereby she declared the strike commenced by the petitioners from 14. 30 hrs. on 10-7-1995 as illegal till 19-8-1995. The said declaration of the illegal strike was made in the open Court on the date of the judgment.

(2.) THE respondent company filed a reference under section 25 (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 seeking declaration that the employees of the company had commenced and continued an illegal strike from 10-7-1995 under section 24 (1) (a) and (c) of the Act. Though initially the petitioners did not admit that the employees had gone on strike, it is now an admitted fact that the strike commenced on and from 10-7-1995 as was alleged by the company. During the pendency of the Reference the petitioners gave a notice of strike on 17-7-1995 that the employees would go on strike after 14 days. It appears that the petitioners contested the Reference by filing their written statement before the Labour Court. It further appears that on 27-7-1995 the said notice of strike was received by Conciliation Officer. On 4-8-1995 the Conciliation Officer admitted the dispute in conciliation. It further appears that on 19-8-1995 the parties reached an amicable settlement where under it was inter alia agreed as under The committee members on behalf of the workers assure the management their fullest co-operation in respect of production, normal and peaceful working, after the workers will resume their duty.

(3.) SHRI Nerlekar, the learned Advocate for the respondent company supported the judgment of the Labour Court. According to the learned Advocate, the strike commenced and continued from 10-7-1995 was in contravention of section 24 (1) of the Act as there was no strike notice given by the Union. Shri Nerlekar pointed out that the illegal strike was commenced and continued upto 19-8-1995 and therefore, it was illegal for the entire period. He further submitted that as the strike notice was given on 17-7-1995 there could not be any strike during the period for 14 days from 17-7-1995 to 31-7-1995. The strike which was commenced on 10-7-1995 continued even during the period of the strike notice and therefore, the said strike cannot be said to be legal merely because the Union had given subsequently notice of strike on 17-7-1995. Shri Nerlekar also pointed out that the Conciliation Officer had received strike notice on 27-7-1995 and the conciliation proceedings were deemed to have been commenced from the date of receipt of such notice by Conciliation Officer and the strike continued even after the conciliation proceeding commenced on 27-7-1995, the continuation of the strike was illegal even under section 24 (1) (c) of the Act. According to Shri Nerlekar, considered from any angle and considering any date, the strike which commenced on 10-7-1995 and which continued upto 19-8-1995 was rightly declared illegal by the Labour Court though it was withdrawn on 19-8-1995. According to Shri Nerlekar, there was no prohibition or bar of any nature on the Labour Court to grant declaration under section 25 (1) of the Act that the strike was illegal.