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Lalit Bhasin gets Delhi HC to order Air India strikers back to work

Bhasin & Co managing partner Lalit Bhasin has represented the National Aviation Company of India (NACIL) in the Delhi High Court, which has ordered an injunction of the Air India employees' strike solving the two-day deadlock.

The court order, which was passed by the court yesterday, noted that Bhasin argued that "conciliation proceedings were pending in terms of Section 22 of the INdustrial Disputes Act, 1947 (in short the 'ID Act')".

"It is his submission that the conciliation proceedings pertain to the timely payment of wages… Mr Bhasin further submits that during the pendency of the conciliation proceedings, a call for a strike is illegal," continued the order.

"Apart from the aforestated legal position; Mr Bhasin has vociferously contended before me that the issue involves a large number of passengers who travel by the airline operated by the plaintiff.

"Mr Bhasin says that the state of affairs obtaining is causing a huge loss of revenue to the plaintiff which is already facing a grave financial crunch."

Justic Rajiv Shakdher concluded: "I am of the opinion the plaintiff has been able to set up a prima facie case at this stage. In view of this extraordinary circumstances to which reference has been made, this is a fit case where interim injunction ought to be granted as prayed for by the plaintiff as a refusal of injunction could affect a large number of passengers.

The balance of convenience is presently in favour of the plaintiff. Accordingly, the defendants are restrained from continuing with their flash strike…"

Air India staff were protesting an alleged "gag order" on employees not to talk to the media.

One day earlier the Bombay High Court declined to interfere in the strike.

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