Topic
Karnataka HC ruled writ petitions against private unions to restrain strikes during conciliation are not maintainable. Employers may seek limited relief before Industrial Tribunals under Section 62(1)(d) to enforce statutory strike prohibitions. The ruling clarifies alternate remedies for employers facing illegal strikes during conciliation.
Kerala High Court directed the MSME Facilitation Council to dispose of a pending claim petition within three months after conciliation proceedings failed. The ruling underscores the enforceability of mandamus writs against statutory bodies for timely adjudication under the MSME Act.
The Delhi High Court holds that invoking Section 11(6) of the Arbitration Act for arbitrator appointment under the MSMED Act is barred unless the MSEFC has formally concluded conciliation proceedings. This prevents parties from bypassing mandatory conciliation and reinforces the statutory hierarchy, directly impacting MSMEs seeking faster dispute resolution without procedural shortcuts.
Kerala High Court holds that Section 22 of the Industrial Disputes Act prohibits strikes by all employees in notified public utility services, including non-workmen officers.
Supreme Court holds that conciliation can be initiated for apprehended disputes without prior demand to employer, reinforcing preventive intent of ID Act and protecting contract labour rights.
Supreme Court holds that conciliation under ID Act can be initiated without prior demand if dispute is apprehended, affirming government's administrative power to refer disputes preemptively.