Kerala High Court
Teamlease Services Limited vs Kerala Samsthana Mobile Phone Tower ... on 25 August, 2022
Author: Amit Rawal
Bench: Amit Rawal
WP(C) No.26810/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944
WP(C) NO. 26810 OF 2022(A)
PETITIONER:
TEAMLEASE SERVICES LIMITED, HAVING ITS CORPORATE OFFICE AT, 315,
WORK AVENUE CAMPUS, NO.77, ASCENT BUILDING, KORAMANGALA INDUSTRIAL
LAYOUT, JYOTHINIVAS COLLEGE ROAD, KORAMANGALA, BANGALORE - 560 095,
REPRESENTED BY ITS MANAGER-SCO MS.SREEJA ANILKUMAR.
RESPONDENTS:
1. KERALA SAMSTHANA MOBILE PHONE TOWER EMPLOYEES' UNION,
REG.NO.14/04/2014, HEAD OFFICE, KANNUR SRI KANNAN SMARAKA HALL,
KANNUR - 670 001 REPRESENTED BY GENERAL SSECRETARY.
2. TELESONIC NETWORKS LIMITED, HAVING ITS REGD., OFFICE AT 4TH FLOOR,
C-WING, AIRTEL CENTRE, PLOT NO.16, UDYOG VIHAR, PHASE-IV, GURGAON -
122 015 REPRESENTED BY ITS MANAGER.
3. BHARATI AIRTEL LIMITED NH BYPASS KUNDANOOR JN.M MARADU P.O., KOCHI -
682 034 REPRESENTED BY ITS MANAGER.
4. REGIONAL LABOUR COMMISSIONER (C), OFFICE OF THE DY. CHIEF LABOUR
COMMISSIONER, KENDRIYA SHRAM SADAN, OLLIMUGHAL, KAKKANAD, KOCHI -
682 030.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order restraining 1st respondent and its
members from resorting to any strike on 29-08-2022 or on any other day
thereafter, in contravention of S.22 of the Industrial Disputes Act,
pending disposal of the Writ Petition (C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.BENNY THOMAS, D.PREM KAMATH, TOM THOMAS (KAKKUZHIYIL), ABEL TOM
BENNY, KURIAN OOMMEN THERAKATH, JAIKRISHNAN.M.PISHARODI & K.S.MUHAMMED
SHEFIN, Advocates for the petitioner and of ASSISTAT SOLICITOR GENERAL OF
INDIA for 4th respondent, the court passed the following:
WP(C) No.26810/2022 2/3
AMIT RAWAL, J.
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WP(C) No.26810 of 2022
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Dated this the 25th day of August, 2022
ORDER
This Court on 23.8.2022 adjourned the matter for getting the service of respondent No.1. It has been effected that there is no representation. The grievance of the petitioner in the present case is for restraining the Union to go on strike as per the notice Ext.P4 dated 13.8.2022, on 29.8.2022.
2. It is contended by Mr.Benny P.Thomas, learned counsel appearing on behalf of the petitioner, that the petitioner is a public utility which is defined in Section 22(1)(d) of the Industrial Disputes Act and the conciliation proceedings are pending. Thus during the pendency of the conciliation proceedings, the strike notice is not warranted and also not sustainable. Considering the above, I issue interim direction restraining respondent No.1 from going on strike as per the call given in the notice Ext.P4 for 29.8.2022.
Post this matter on 31.8.2022.
Sd/-
AMIT RAWAL, JUDGE csl 25-08-2022 /True Copy/ Assistant Registrar WP(C) No.26810/2022 3/3 APPENDIX OF WP(C) 26810/2022 Exhibit P4 TRUE COPY OF THE STRIKE NOTICE DATED 13/08/2022, WITH ITS ENGLISH TRANSLATION.