(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to-direction to the R1 forebear from restoring to Stirke pursuant to the strike notice dated 24.01.2026 (Annx-B).direction to the R1 either by themselves or through their agents supporters associates partrons, members and accomplices against preventing or obstructing the employees contract labours agents customers clients etc., in free ingress to or egress from within the premises of the plaint situated at Solur Bengaluru.)

Oral Order

1. Learned counsel for respondent No.1 undertakes to appear on behalf of respondent No.1/Union.

2. This petition is filed seeking urgent relief and seeking a writ to restrain first respondent from resorting to a strike on 12.02.2026, pursuant to a strike notice dated 24.01.2026.

3. Since, the petition would become infructuous by day-after-tomorrow, with the consent of the learned counsel appearing for the petitioner and the learned counsel appearing for respondents No.1 and 2, heard on merits.

4. It appears that respondent No.1/Union has raised several issues and demands and the strike is called on 12.02.2026 on the premise that their demands have not been considered.

5. Learned counsel for the petitioner submits that the petitioner/Corporation is a public utility service within the definition of Section 2(n) of the Industrial Disputes Act, 1947 ('Act, 1947') and it is a controlled industry within the definition of Section 2(ee) of the Act, 1947.

6. It is submitted that the petitioner/Corporation supplies LPG and fuel which is needed on everyday basis and in case of any disruption in the supply of the LPG and the fuels, even for a day it will affect the public at large. It is also urged that the strike which is scheduled on 12.02.2026 is per se illegal as statutory requirement is not complied.

7. In support of the contention that the petitioner's claim has a statutory support, it is submitted that the conciliation proceeding in respect of the strike scheduled on 12.02.2026 (tomorrow) is pending consideration before the jurisdictional Conciliation Officer and same is adjourned to 12.02.2026 and the proceeding is not yet concluded.

8. Learned counsel for the petitioner would submit that Section 22 of the Act, 1947 prohibits strike before conclusion of conciliation proceeding.

9. Learned counsel would refer to the judgment of the Division Bench of the Madras High Court in Bharat Petroleum Corporation Limited vs Petroleum Employee's Union and Others 2001 (103) BOMLR 112 to contend that in identical situation the Court has restrained the strike.

10. It is also submitted that under the Industrial Relations Code, 2020, a provision similar to Section 22 is very much retained in Section 62.

11. Learned counsel appearing for respondent No.1 has opposed the prayer on the following grounds:

          (a) Respondent No.1 is not a State under Article 12 of the Constitution of India, as such Writ Petition itself is not maintainable. When the writ petition itself is not maintainable, much less is the maintainability of the interim prayer;

          (b) The remedy for the petitioner/Corporation is to approach the authorities or the forums provided under the Act, 1947 and without exhausting the statutory remedy, the writ petition is not maintainable.

          (c) In a similar situation the Bombay High Court in Bharat Petroleum Corporation (supra), has held that the suit to restrain the employees from going on strike is not maintainable and the right to hold strike is a right conferred on the workmen.

12. The Court has considered the contentions raised at the Bar and perused the records.

13. It is not in dispute that Section 22 of the Act, 1947 prescribes certain limitations and restrictions before calling upon the strike.

14. Under Section 22 of the Act, 1947, a person employed in a Public Utility Service shall not go on strike in breach of a contract, without giving notice of strike to the employer within 6 weeks before the date of strike, or within 14 days of giving notice of such strike, or before the expiry of the date of the strike specified in any notice as aforesaid, or during the pendency of any conciliation proceedings before the Conciliation Officer, and within 7 days after the conclusion of such proceedings.

15. Admittedly, in the instant case, the notice is issued intimating the date of strike and admittedly, the conciliation proceedings have been commenced between the petitioner and the employees of the petitioner/Corporation. The conciliation proceeding is now scheduled for tomorrow.

16. This being the position, the petitioners contend that the members of the respondent no.1/Union, who are the employees of the petitioner/Corporation cannot go on strike as conciliation proceeding is pending.

17. Though the learned counsel for respondent No.1 has urged that the writ petition is not maintainable, what is required to be seen is the petition is filed to enforce the statutory rights available in favour of the employer. Similar question has been answered in favour of the employer in the judgment of the Division Bench of Madras High Court in Bharat Petroleum Corporation Ltd. Vs. Petroleum Employees Union and Others (2004) 3 MLJ 456. The said judgment is rendered by referring to the judgment of the Apex Court in VST Industries Ltd. Vs. VST Industries Workers' Union. MANU/SC/0760/2000

18. Thus, the Court is of the view that in the backdrop of the facts obtained in the present petition, the Writ Petition is maintainable as the same is filed to enforce the right available under Section 22 of the Act, 1947.

19. As far as the contention that, the prayer cannot be granted to restrain the employees from going on strike, the Court is of the view that, in case a strike is declared by following the procedure and the strike declared does not violate any of the requirements of Section 22 of the Act, 1947, probably in those cases, the Court may not issue a prohibitory order to restrain the workers from going on strike.

20. In the instant case, as it is noticed that the conciliation proceeding is still going on, Section 22(1)(d) of Act, 1947, comes to the rescue of the petitioners.

21. It is also noticed that the grievance of the petitioner is that in case the strike is held and the employees of the petitioner/Corporation do not report to duty, it may disrupt the supply of many essential products like LPG and fuel. This being the position, the Court is of the view that the petitioners have made out a case to grant some protection.

22. Learned counsel for respondent No.1 has relied on the judgment of the Apex Court in ROHTAS INDUSTRIES LTD. AND ORS. VS ROHTAS INDUSTRIES STAFF UNION AND ORS. AIR 1976 SC 425 to contend that the petitioner has a remedy under the statute to claim appropriate relief like damages.

23. The Court has gone through the said judgment and the petitioner in the said case sought relief, post the strike, and the Court held that in such situation the petitioner cannot approach the writ Court.

24. In the instant case, the petition is filed to restrain the respondents from holding the strike, before the scheduled date of strike, on the ground that the conciliation proceeding is still pending.

25. The learned counsel for respondent No.1 vehemently opposed the prayer to restrain the strike referring to the judgment of the Bombay High Court in Bharat Petroleum Corporation (supra). The Bombay High Court in the said case has considered the claim in the backdrop of an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure in a suit filed by the employer.

26. As already noticed, the Court has held in the backdrop of the facts of this case that Writ Petition is maintainable as the petitioner is before this Court to enforce the statutory right available under Section 22 of the Act, 1947. It is also noticed that the conciliation proceeding is scheduled on 12.02.2026 (tomorrow). This being the position, it is not advisable to direct the petitioner to avail such other remedy available under law.

27. It is also noticed that the petitioner has sought restraint order against the members of the 1st respondent/Union. It is submitted that contract labourers working for the petitioner are also the members of the 1st respondent/Union.

28. Under these circumstances, only the members of the first respondent/Union, who are working under the petitioner either directly or through the contractor, are restrained from holding the strike on 12.02.2026.

29. The learned counsel for respondent No.1 who has accepted notice ably assisted the Court in a short notice. Same is appreciated.

30. Accordingly, writ petition is allowed-in-part.

31. The members of 1st respondent/Union who are working under the petitioner either directly or through a contractor are restrained from holding the strike on 12.02.2026 as per the notice dated 24.01.2026.

32. The order shall be uploaded in the website today itself. Hand delivery ordered.

33. Learned counsel for respondent No.1 is permitted to file vakalath in the registry within four weeks.