Rahul (appellant) was working as a Clerk in a Nationalised Bank posted at MG Road Branch, Panipat. He joined the branch on 1st November, 2016 and was assigned the duties of cashier. As per appellant he attended the duty

Consequences of Illegal Strike: In the case of Express Newspaper (P) Ltd. v. Michael Mark, (1962) II L.L.J. 220 (S.C.), the Supreme Court held that where the workmen who had participated in an illegal strike, did not join their duties which resulted in their dismissal under the Standing Orders, participation in strike means that they have abandoned their employment. However, the employer can take disciplinary action against the employees under the Standing Orders and dismiss them. Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under the Industrial Disputes Act, 1947, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees or with both. [Section 26(1)]. In the case of Vijay Kumar Oil Mills v. Their Workmen, it was held that the act of a workman to participate in an illegal strike gives the employer certain rights against the workman, which are not the creation of the Statute but are based on policy, and the employer has every right to waive such rights. In a dispute before the Tribunal, waiver can be a valid defence by the workman. However, waiver by the employer cannot be a defence against prosecution under Section 26 and something which is illegal by Statute cannot be made legal by waiver (Punjab National Bank v. Their Workmen). Banking Industry as Public Utility Service: Section 2(n) of the Industrial Disputes Act, 1947 defines the term "Public Utility Service" which means- any railway service or any transport service for the carriage of passengers or goods by air, any service in, or in connection with the working of, any major port or dock; any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; any postal, telegraph or telephone service; any industry which supplies power, light or water to the public; any system of public conservancy or sanitation; any industry specified in the 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. The nationalised bank come under the Public Utility Services as defined in Section 2 (n)(vi) of the Industrial Disputes Act, 1947.