Case: Savita Chemicals Pvt. Ltd Vs. Dyes &amp; Chemical Workers Union

The appellant company, on grant of leave to appeal under Article 136 of the Constitution of India, has brought in challenge the judgment and order of the learned Single Judge of the High Court who allowed the Writ Petition filed by Respondent No. 1 union under Article 227 of the Constitution of India and quashed the decision of the President Officer, First Labour Court, Thane. By the said decision, the First Labour Court, Thane, took the view on an application moved by the appellant company that Respondent No. 1 union had gone on an illegal strike from 30th March, 1983 pursuant to the strike notice dated 14th March, 1983. In the impugned judgment, learned Single Judge of the High Court took the contrary view and held that the appellant had failed to establish that the strike in question wasorder to appreciate the grievance of the appellant against the decision of the High Court, it will be necessary to have a glance at the background2. The appellant is a company registered under the Companies Act, 1956 and is carrying on the business of chemicals at Thane in the State of Maharashtra since more than 38 years. Respondent No. 1 is a workers union registered under the Trade Unions Act, 1926. Respondent No. 1 union had submitted a charter of demand to the appellant on 1st April, 1981. During negotiations a settlement was arrived at before the Conciliation Officer between the parties on 8th March, 1982. The said settlement was valid up to December 1984. The settlement, inter alia, amongst others, covered the following two demands; (i) Demand No. 14Privilege Leave; (ii) Demand No. 26. It is the case of the appellant company that during the subsistence of the aforesaid settlement, Respondent No. 1 union sent a letter of demand to the Factory Manager of the appellant company on 14th March, 1983. As per the said letter, various demands were raised and it was submitted by Respondent No. 1 union that it would go on strike on the expiry of 14 days from the date of service of the notice. According to Respondent No. 1, the said notice was to be considered as notice for going on strike. The Factory Manager of the appellant company sent a reply to the notice of Respondent No. 1 on 23rd March, 1983. Respondent No. 1 union, having gone on strike from 30th March, 1983, sent a replication on 2nd April, 1983.The appellant company which is governed by the Maharashtra Recognition of Trade UnionsPrevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the `Maharashtra Act) filed an application under Section 25 of the Maharashtra Act before the Labour Court, Thane, seeking a declaration that Respondent No. 1 union had gone on an illegal strike. In the said application, the appellants case was that the said strike was illegal under Section 24(1)(i)(a0 and (i) of the Maharashtra Act. The said application was moved as per the provisions of Section 24(1) read with Section 25(1) of the Maharashtra Act.The Labour Court, after hearing the parties, by its order dated 20th May, 1983 came to the conclusion that the letter dated 14th March, 1983 was not a strike notice as required by law and was also contrary to the provisions of Section 24(1)(i) of the Maharashtra Act. It, therefore, declared that the strike resorted to by the workmen and the staff members with effect from 30th March, 1983 was illegal.Respondent No. 1 challenged the said order of the Labour Court in the aforesaid writ petition which was registered as Writ Petition No. 2171 of 1983 in the High Court. As noted earlier, learned Single Judge of the High Court, by his order allowed the said writ petition and set aside the order of the Labour Court and held that the strike was not illegal. The said decision was rendered on 27th November, 1992. It is this decision, which is brought on the anvil of scrutiny of this Court in this appeal.

Reasoning: When we examine the impugned strike notice, we find that all these four basic requirements ofhave been complied with in the present case. The name and address of the Trade Union which served the notice are clearly mentioned, the date of the notice is also indicated, the name of the addressee of the notice and his address are also mentioned, namely, it has been addressed to the Factory Manager of the company who wasof the company at the relevant time and under whom the workmen proposing to go on strike were actually working. It is also clearly mentioned as to from which date the strike is proposed to be resorted to, as it is mentioned that the strike would be resorted to on the expiry of 14 days from the date of the receipt of the letter cum notice. It is also clearly mentioned that the letter will be treated as notice for going on proposed strike. Then follows the heart of the notice, namely, reasons why the proposed strike has to be resorted. Thus, all the basic requirements ofhave been satisfied. Even the Labour Court took the view that the substance of the notice had to be seen and not its form. Still, however, it persuaded itself to hold that the notice was not in the prescribed form. The said finding of the Labour Court was patently illegal and was rightly reversed by the High Court in the impugned judgment.