JUDGMENT : S. Manikumar, J. (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of Declaration, declaring that the proposed indefinite strike to be conducted by the 3rd and 4th Respondents from 5.11.2018 at 8.00 P.M. to 06.11.2018 at 8.00 P.M. the indefinite strike thereafter as illegal.) 1. Petitioner has filed the instant writ petition, for a Writ of Declaration, declaring that the proposed indefinite strike to be conducted by the 3rd and 4th respondents from 05.11.2018 at 8.00 p.m., to 06.11.2018 at 8.00 p.m., and the indefinite strike thereafter, as illegal. 2. Supporting the prayer sought for, petitioner has contended that GVK Emergency Management and Research Institute (GVK EMRI), a Non-Profit Organisation, registered under the Andhra Pradesh Societies Registration Act, 2001, is the provider of Emergency Ambulance Services (108 Ambulance service), popularly known as 108 Ambulance Service, Tamil Nadu, under a Public Private Partnership Agreement with the Tamil Nadu Health Systems Project, Department of Health, Government of Tamil Nadu. 3. The petitioner has contended that GVK EMRI, is operating 930 Ambulances and 41 Bike Ambulances in all 32 Districts of the State of Tamil Nadu and employed more than 4750 persons. Since 2008, they have provided the said service in Tamil Nadu and they have been declared as a Public Utility Services under Section 2 (n) of the Industrial Disputes Act, 1947, by the Government of Tamil Nadu. 4. The petitioner has further contended that several thousands of calls are received by 108 Ambulance Services and according to him, 7000 are emergency calls. 108 Ambulance Workers Union Tamil Nadu, Madurai/third respondent is a registered Trade Union, with Registration No.1508/MDU. 108 Ambulance Workers Welfare Union Tamil Nadu, Madurai/fourth respondent is also a registered Trade Union with Registration No.1543/MDU. 5. Petitioner has further contended that the State General Secretary of 108 Ambulance Workers Union Tamil Nadu, Madurai has issued a strike notice, dated 21.10.2018 and the State General Secretary of 108 Ambulance Workers Welfare Union Tamil Nadu has also issued a strike notice, dated 22.10.2018, stating that they would go on strike from 05.11.2018 - 8.00 p.m., to 06.11.2018 - 8.00 p.m. They have further stated that if the State Head Officer, GVK EMRI, Chennai, does not consider their demands, they will continue the strike indefinitely, to press for their demand. Notices are stated to have been issued under Section 22 (1)(c) of the Industrial Disputes Act, 1947. 6. 06.11.2018, is a festival day (Deepavali). Large number of persons would go to their native place. Many Ambulance vehicles are engaged during festival days, more so, on the day of Deepavali. Every year, during Deepavali day, Trade Union/respondents 3 and 4, have issued strike notices to pressurise their demands and in the current year also, they have proposed to go on strike, which should be prevented. Thus, contending inter alia that strike declared by respondents 3 and 4, from 05.11.2018 to 06.11.2018, is illegal and contrary to the statute, instant writ petition has been filed. 7. Heard Mr. R. Jayaprakash, learned counsel for the petitioner. 8. After hearing the learned counsel for the parties, on 01.11.2018, we passed the following order:- “6. Heard Mr. R. Jayaprakash, learned counsel for the petitioner. 7. Considering the main prayer sought for, ensuing holidays and paucity of time, to get response from the respondents 3 and 4, interim prayer is being considered, on the basis of the statutory provision and orders passed by this Court, on earlier occasions. 8. As per the information furnished by GVK EMRI, to the queries made by the petitioner, dated 25/10/2018, during Deepavali day, in 2016, the over all beneficiaries were 4097 and 1511 RTA cases have been reported. During 2017 Deepavali day, the overall beneficiaries were 4425 and 1378 road accident cases were served and admitted in the hospital. 9. For brevity, details of the querries raised by Mr.P.Selvarajan, writ petitioner herein and the answers given by GVK EMRI, vide, letter dated 29/10/2018 is reproduced hereunder:- S.No. Question Answer 1 Whether any have written to No Government of Tamil Nadu to take steps to ban the strike in essential services like 108 Ambulance Service Whether Government sent any reply. Please provide copies 2 How many ambulances are in 738 BLS, 57 ALS, 65 NLS, 76 4 service under 108 presently How WD, 41 First respondent bikes many cases are dealt with by 108 and 4 VVIP ambulances and all How many phone calls are put together 981 ambulances received on a day Approve. How are serving all the 32 districts many phone calls in Deepavali of Tamil Nadu. How are serving all the 32 districts many phone calls in Deepavali of Tamil Nadu. So far, we have day How many employers are served to 76,35,743 employed in 108 services beneficiaries and 15,511 calls being received on an average every day. 5,21,141 emergencies were served and critical lives saved. On 2017 Deepavali day, 24,406 calls were received. Around 5,200 employees put together as Emergency Response Officers, Emergency Medical Technicians, Pilots and Support Staff are working with GVK EMRI of Tamil Nadu. 3 In the past, during festival time During 2016 Deepavali day, like Deepavali, how many over all beneficiary was 4097 accident cases have been and 1511 RTA cases was taken transported in 108 ambulance. and admitted in the hospital. Date for the year 2016 and 2017. During 2017 Deepavali day, Please give details. over all beneficiary were 4425 and 1378 RTA cases were served and admitted in the hospital. 4 How many unions are registered There are two unions are and the addresses of the existing and the addresses are respective Unions given below. 1. 108 Ambulance Workers Union, Tamil Nadu, Register No.1508/MDU, Plot No.1 Abina Physiotheraphy Clinic Complex, Meenakshi Nagar Bus stop, Post Office Nagar, S.No. Question Answer Madurai 625 017. 2. 108 Ambulance Workers Welfare Union, Register No.1543/MDU No.101 VOC Street, Meenambalpuram, Madurai 625 002. What is the average salary paid to Pilot average gross salary paid ambulance drivers and is Rs.12,500/- and the EMT technicians attached to average gross salary paid is ambulance Rs.13,055. How many strike notices received Count of strike notices from your unions during last six received so far in six years are years, pl provide copies. 8. Copies attached. 7 What is the average time you take Overall stage average is 13.45 to reach an accident spot Please minutes and 8.13 minutes for give details. metro cities and 14.39 minutes for over all urban areas. 8. Whether any proposal sent to No Government for inclusion of 108 ambulance services under the preview of ESMA Act to ban strikes by 108 services Whether any reply received. 9 Whether any conciliation Yes. Negotiation on increment proceedings pending Please give for the year 2018 is pending details. before AcL. 10. Thus, from the above, thousands of road accident cases are reported every year, on Deepavali day and that the over all beneficiaries are more than 4000, in 2016 and 2017 respectively. 9 Whether any conciliation Yes. Negotiation on increment proceedings pending Please give for the year 2018 is pending details. before AcL. 10. Thus, from the above, thousands of road accident cases are reported every year, on Deepavali day and that the over all beneficiaries are more than 4000, in 2016 and 2017 respectively. If Ambulance services have to be abruptly stopped on 5th and 6th, a festival day, Deepavali, many persons would be affected. 11. Strike notice, dated 26/9/2018, issued by the State General Secretary, 108 Ambulance Workers Union Tamil nadu, Madurai/third respondent herein, is reproduced hereunder:- “TAMIL” 12. Strike notice, dated 21/10/2018, issued by the State General Secretary, 108 Ambulance Workers Welfare Union Tamil, Madurai/fourth respondent herein, is reproduced hereunder:- “TAMIL” 13. From the letter dated 29/10/2018, of GVK EMRI, i.e., answer to query No.9, it could be seen that negotiation on increment for the year 2018, is pending before the ACL. For brevity, query No.9 and answer, are reproduced. Q: Whether any conciliation proceedings pending Please give details A: Yes. Negotiation on increment for the year 2018 is pending before ACL. 14. Now, let us consider as to whether service in hospital would fall within the definition of 'Public Utility Service'. For brevity, query No.9 and answer, are reproduced. Q: Whether any conciliation proceedings pending Please give details A: Yes. Negotiation on increment for the year 2018 is pending before ACL. 14. Now, let us consider as to whether service in hospital would fall within the definition of 'Public Utility Service'. As per Section 2(n) of the Industrial Disputes Act, 1947, "Public Utility Service", means, (i) Any railway service or any transport service for the carriage of passengers or goods by air; (ia) Any service in, or in connection with the working of, any major port or dock; (ii) Any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; (iii) Any postal, telegraph or telephone service; (iv) Ay industry which supplies power, light or water to the public; (v) Any system of public conservancy or sanitation; (vi) Any industry specified in the 7[First Schedule] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension;" 15. As per Section 2 (n) (vi) of the Industrial Disputes Act, 1947, Industries have been declared as Public Utility Services. As per SI.No.9 of the First Schedule to Section 2 (n) (vi), service in hospitals, dispensaries, is included as a Public Utility Service. An Ambulance provider, to the victims of road accident and others to be taken to the hospital, for admission and treatment thereof, is an integral part of service in hospitals and dispensaries. 16. Attention of this Court was also invited to G.O.Ms.No.157, Labour and Emploment (D2) Department, dated 17.04.2018, wherein the Government of Tamil Nadu have issued said G.O., notifying that Ambulance Services would fall within the Public Utility Service, as defined in Section 2(n)(vi) of the Industrial Disputes Act. 16. Attention of this Court was also invited to G.O.Ms.No.157, Labour and Emploment (D2) Department, dated 17.04.2018, wherein the Government of Tamil Nadu have issued said G.O., notifying that Ambulance Services would fall within the Public Utility Service, as defined in Section 2(n)(vi) of the Industrial Disputes Act. G.O.Ms.No.157, Labour and Employment (D2) Department, dated 17.04.2018, is reproduced:- "ABSTRACT Labour - Industrial Disputes Act, 1947 (Central Act XIV of 1947) - Ambulances and related Services - Declaration as public utility service under the said Act - Notified. Labour and Employment (D2) Department G.O.(Rt)No. 157 Dated : 17.04.2018 “TAMIL” Read: 1. G.O.Ms.No.293, Labour and Employment (D2) Department, dated 13.12.2013. 2. G.O.(Rt).No.143, Labour and Employment (D2) Department, dated 10.05.2017. 3. From the Head-Human Resources, GVK Emergency Management and Research Institute, Chennai, dated 12.12.2017 and 04.01.2018. 4. From the Commissioner of Labour, Chennai, Letter No.D2/48824/2017, dated 12.02.2018. ORDER: The following Notification will be published in the Tamil Nadu Government Gazette:- NOTIFICATION WHEREAS, the Government of Tamil Nadu is satisfied that the public interest requires that the industry of "Ambulance and related Services" should be declared as a public utility service for the purposes of the Industrial Disputes Act, 1947 (Central Act XIV of 1947); NOW, THEREFORE, in exercise of the powers conferred by sub-clause (vi) of clause (n) of section 2 read with proviso thereto of the said Act, the Governor of Tamil Nadu hereby declares the industry of "Ambulance and related Services" to be a public utility service for the purposes of the said Act, for a period of six months from the date of publication of this Notification in the Tamil Nadu Government Gazette. (BY ORDER OF THE GOVERNOR) MANGATRAM SHARMA PRINCIPAL SECRETARY TO GOVERNMENT" Gazette Publication of the abovesaid G.O., is extracted hereunder:- "Declaration of the Industry Ambulance and related Services as Public Utility Service under the Act. (BY ORDER OF THE GOVERNOR) MANGATRAM SHARMA PRINCIPAL SECRETARY TO GOVERNMENT" Gazette Publication of the abovesaid G.O., is extracted hereunder:- "Declaration of the Industry Ambulance and related Services as Public Utility Service under the Act. [G.O.(Rt)No. 157, Labour and Employment (D2), 17th April 2018, 2049] No. 11(2)/LE I446/2018._ WHEREAS, the Government of Tamil Nadu is satisfied that the public interest requires that the industry of "Ambulance and related Services" should be declared as a public utility service for the purposes of the Industrial Disputes Act, 1947 (Central Act XIV of 1947); NOW, THEREFORE, in exercise of the powers conferred by sub- clause (vi) of clause (n) of section 2 read with proviso thereto of the said Act, the Governor of Tamil Nadu hereby declares the industry of "Ambulance and related Services" to be a public utility service for the purposes of the said Act, for a period of six months from the date of publication of this Notification in the Tamil Nadu Government Gazette." 17. Now, let us consider the statutory provision dealing with strikes and lock outs. Chapter V of the Industrial Disputes Act, 1947 deals with strikes and lock outs. As per Section 22(d) of the Industrial Disputes Act, 1947, no person employed in a Public Utility Service shall go on strike, in breach of contract, during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such conciliation proceedings. Thus, by virtue of Section 22(d) of the Industrial Disputes Act, and G.O.Ms.No.157, Labour and Employment (D2) Department, dated 17.04.2018, strike during Conciliation proceedings is prohibited and prima facie, notices dated 21/10/2018 and 22/10/2018, issued by the respondents 3 and 4, respectively, are in violation of Statute and hence, illegal. 18. Let us also consider the orders passed by this Court, on earlier occasions. 18. Let us also consider the orders passed by this Court, on earlier occasions. When the State General Secretary 108 Ambulance Workers Union, Madurai, proposed to go on strike, at the instance of one Mr.S.Patrick, a Division Bench of this Court in W.P.No.37792 of 2016, dated 26/10/2016, passed the following orders: - “The petitioner seeks to raise an identical issue which was faced with the same situation during the last two years in W.P.No.27567 of 2014 vide order, dated 16/10/2014 and in W.P.No.35425 of 2015 vide order dated 3/11/2015 in the following terms: i. The petition on the basis of the newspaper reports, apprehends that on the Diwali day, the Ambulance Worker Union would go on strike, which has serious ramifications, as often instances of fire occur on the said days. ii. The learned Government Pleader states that conciliation proceedings are going on and thus, in terms of Section 22 (i) (d) of the Industrial Disputes Act, 1947, there can be no strike during the pendency of the conciliation proceedings. The proceedings are next listed tomorrow. The services provided are public utility services and thus, if there is any breach of statutory provision, the strike will be declared illegal and the Government will take appropriate action to ensure that services are maintained. iii. The aforesaid statement of the learned Government Pleader is taken on record. iv. In view of the aforesaid petition, no directions are required as the learned Government Pleader assures that the services shall be maintained. 2. It appears to be becoming an annual event on the anvil of Diwali. Learned Government Pleader states that the same position exist even as on date, since the cancellation proceedings have began and are slated for today and that the services being public utility services, if any breach of statutory provisions take place, strike will be declared illegal and the Government will take appropriate action to ensure that the services are maintained and has been observed in the past. 3. We, thus once again take the stand of the learned Government Pleader on record and accordingly, dispose of the writ petition. Parties to bear their own costs. Consequently, WMP No.32388 of 2016 is closed.” 19. In similar circumstances, when strike notice was given in 2017, a Hon'ble Division Bench of this Court, in W.P.No.27018 of 2017, dated 13/10/2017, passed an interim order. Parties to bear their own costs. Consequently, WMP No.32388 of 2016 is closed.” 19. In similar circumstances, when strike notice was given in 2017, a Hon'ble Division Bench of this Court, in W.P.No.27018 of 2017, dated 13/10/2017, passed an interim order. Subsequently, the said writ petition is stated to have been disposed of. Thus, from the above, it could be seen that the respondents 3 and 4 have issued strike notices during Deepavali festival period and attempted to pressurise the management, to concede to their demands. Prima facie strike notices are in violation of Section 22 (d) of the Industrial Disputes Act. 20. For the reasons stated supra, we pass an interim order restraining the respondent Nos.3 and 4, in connection with ambulance services, from taking recourse, to strike on 5th and 6th November 2018 and thereafter. No member of the Trade Union shall refrain, from attending to or performing duty, in case of any emergency and or in case of any requirement/call, to take any patient, to a hospital or a medical centre. 21. Any member of the respondent Nos.3 and 4 or any driver or other employee engaged in connection with Ambulance services or otherwise, refusing to drive an ambulance/perform duty, in case of any requirement/call to take any patient to a hospital or a medical centre, either on 5th or 6th November 2018 and thereafter, will do so at their own risk of the consequences thereof, including penalization for gross contempt of this Court. Respondent Nos. 3 and 4 shall notify this order to all the concerned persons. 22. List the writ petition on 08/11/2018.” 9. Settlement dated 02.11.2018, between Mr.N.Vasudevan (Head HR) and 3rd and 4th respondents on behalf of Trade Unions, before the Deputy Commissioner of Labour (Head Quarters), Chennai, is extracted hereunder:- “TAMIL” 10. In W.P.No.27018 of 2018, on 13.10.2017, a Hon'ble Division Bench of this Court, at paragraph Nos.10 and 11, ordered as hereunder:- 10. We are informed that conciliation proceedings are to commence tomorrow. Any strike in course of conciliation proceedings is per se illegal. We deem it appropriate to declare the proposed strike as notified by the notice dated 2nd October 2017 illegal, by passing a quia timet order considering the irreversible and irreparable consequences of such strike in the event of a medical emergency. 11. Any strike in course of conciliation proceedings is per se illegal. We deem it appropriate to declare the proposed strike as notified by the notice dated 2nd October 2017 illegal, by passing a quia timet order considering the irreversible and irreparable consequences of such strike in the event of a medical emergency. 11. We pass an interim order restraining the Respondent No.3 and/or its members and/or person employed and/or engaged by the Respondent No.6 in connection with ambulance services from taking recourse to strike on 17th and 18th October, 2017. No member of the 3rd respondent union and/or person employed and/or engaged by the 6 th respondent shall refrain from attending to or performing duty in case of any emergency and/or in case of any requirement/call to take any patient to a hospital or a medical centre.” 11. As observed in the foregoing paragraphs, respondents 3 and 4, have issued strike notices contrary to the statutory provisions, Government order referred to above and the orders of this Court. 12. For the reasons stated supra, prayer sought for is granted. Writ petition is allowed, with a cost of Rs.10,000/- to be paid by the respondents 3 and 4 respectively, (each Rs.5,000/-) to the petitioner, within 10 days, from the date of receipt of a copy of this order, failing which, the District Collector, Madurai District, shall take action as per the provisions of Tamil Nadu Revenue Recovery Act, 1864. Consequently, the connected writ miscellaneous petition is closed.