01Facts
The Federal Bank (Appellant), a private sector bank, challenged a Single Judge's judgment that quashed conciliation notices issued by the Regional Labour Commissioner (RLC).
The Federal Bank Officers Association (RWP/Respondent), representing officers in Scale I to III, had issued a strike notice.
The Bank triggered conciliation under Section 22 of the Industrial Disputes Act (ID Act), as banking is a notified "Public Utility Service".
p. 7The RWP filed a writ petition arguing that its members are "officers," not "workmen" under Section 2(s), and therefore the ID Act—including conciliation for industrial disputes—does not apply to them.
p. 3.4, 4The Single Judge allowed the writ, holding that the absence of a "workman" status precluded the existence of an "industrial dispute".
p. 4.1Whether the prohibition of strikes under Section 22 of the ID Act applies to "any person" employed in a Public Utility Service, regardless of whether they qualify as a "workman" under Section 2(s).
p. 5(a), 15Whether the Conciliation Officer has jurisdiction to initiate proceedings under Section 12 when a strike notice is issued by a non-workman category in a Public Utility Service.
p. 13, 28The Court primarily applied Section 22 of the ID Act, which prohibits "any person employed in a public utility service" from striking without notice or during conciliation.
p. 14.1It distinguished this from Section 23, which applies specifically to a "workman".
p. 15(3)The Court relied on Section 2(q) defining "strike" as cessation of work by a "body of persons".
p. 11.1and Section 2(n) regarding "Public Utility Services".
p. 11.1Significant precedents included *T.K. Rangarajan v. Government of Tamil Nadu*, establishing that there is no fundamental right to strike.
p. 17and *Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate*, which clarified that "any person" in Section 22(1) is not synonymous with "workman".
p. 23, 24The Court reasoned that Parliament deliberately used the expansive term "any person" in Section 22(1) while using "workman" in Section 23, indicating a broader embargo for Public Utility Services (PUS) to prevent economic disruption.
p. 15, 16.2The Court held that banking, as a notified PUS, is vital to the national economy and public interest.
p. 9, 10It rejected the RWP’s argument that an "industrial dispute" (involving a workman) is a prerequisite for Section 22, noting that Section 22(1) is a standalone charging provision intended to address the "menace of strikes" specifically.
p. 22, 31The Court found that the Single Judge misinterpreted *Dimakuchi Tea Estate*; that precedent actually supports the view that "any person" in Section 22(1) includes non-workmen.
p. 24, 25Consequently, a strike notice by officers triggers the RLC's jurisdiction to hold conciliation to maintain industrial peace, acting as a "safety valve".
p. 34The Court held that the statutory prohibition in Section 22(1) applies to all employees of a PUS, including managerial and supervisory staff.
p. 26It answered that an employer is competent to trigger conciliation proceedings the moment a strike notice is received in a PUS, irrespective of the "workman" status of the employees.
p. 28, 30The Writ Appeal was allowed, the Single Judge's judgment was set aside, and the writ petition was dismissed.
p. 35The Court reaffirmed that the public interest in a PUS overrides the sectional interests of employees seeking to strike.
p. 3502Issues
i.Whether the prohibition of strikes under Section 22 of the ID Act applies to "any person" employed in a Public Utility Service, regardless of whether they qualify as a "workman" under Section 2(s).
p. 5(a), 15ii.Whether the Conciliation Officer has jurisdiction to initiate proceedings under Section 12 when a strike notice is issued by a non-workman category in a Public Utility Service.
p. 13, 2803Law Applied
The Court primarily applied Section 22 of the ID Act, which prohibits "any person employed in a public utility service" from striking without notice or during conciliation.
p. 14.1It distinguished this from Section 23, which applies specifically to a "workman".
p. 15(3)The Court relied on Section 2(q) defining "strike" as cessation of work by a "body of persons".
p. 11.1and Section 2(n) regarding "Public Utility Services".
p. 11.1Significant precedents included *T.K. Rangarajan v. Government of Tamil Nadu*, establishing that there is no fundamental right to strike.
p. 17and *Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate*, which clarified that "any person" in Section 22(1) is not synonymous with "workman".
p. 23, 24Provisions in the judgment · 11
Industrial Disputes Act, 1947 10 provisions
Section 2Section 10Section 10ASection 10BSection 12Section 22Section 23Section 24Section 33Section 33ABanking Regulation Act, 1949 Section 34A
04Reasoning
The Court reasoned that Parliament deliberately used the expansive term "any person" in Section 22(1) while using "workman" in Section 23, indicating a broader embargo for Public Utility Services (PUS) to prevent economic disruption.
p. 15, 16.2The Court held that banking, as a notified PUS, is vital to the national economy and public interest.
p. 9, 10It rejected the RWP’s argument that an "industrial dispute" (involving a workman) is a prerequisite for Section 22, noting that Section 22(1) is a standalone charging provision intended to address the "menace of strikes" specifically.
p. 22, 31The Court found that the Single Judge misinterpreted *Dimakuchi Tea Estate*; that precedent actually supports the view that "any person" in Section 22(1) includes non-workmen.
p. 24, 25Consequently, a strike notice by officers triggers the RLC's jurisdiction to hold conciliation to maintain industrial peace, acting as a "safety valve".
p. 3405Holding
The Court held that the statutory prohibition in Section 22(1) applies to all employees of a PUS, including managerial and supervisory staff.
p. 26It answered that an employer is competent to trigger conciliation proceedings the moment a strike notice is received in a PUS, irrespective of the "workman" status of the employees.
p. 28, 30The Writ Appeal was allowed, the Single Judge's judgment was set aside, and the writ petition was dismissed.
p. 35The Court reaffirmed that the public interest in a PUS overrides the sectional interests of employees seeking to strike.
p. 35Original Court PDF
The Federal Bank Ltd. v. Federal Bank Officers Association & Anr. [WA No. 1363 of 2025; 2026:KER:17176]
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