Punjab & Haryana HC Bar Association Undertakes Before Supreme Court To Abide By SC Judgment On Lawyers' Strikes

The Supreme Court on Friday (December 20) concluded proceedings against the Punjab and Haryana High Court Bar Association after a fresh undertaking was filed by its acting president, Shri Jasdev Singh Brar that the Association will abide by the Supreme Court's judgment in Ex-Captain Harish Uppal v. Union of India regarding lawyers' strikes.  

A bench of Justice Abhay S Oka and Justice Augustine George Masih took note of the new resolution passed unanimously in a meeting of the Bar Association's executive committee on December 19, 2024.

On December 13, the Court had reprimanded members of the executive committee who opposed a resolution to tender an unconditional undertaking to refrain from strikes.

Today, the bench observed that all members of the executive committee had agreed to the undertaking filed earlier by the acting president.

The order stated: “A fresh undertaking on behalf of Punjab and Haryana High Court Bar Association has been filed by Shri Jasdev Singh Brar, acting president. It records that in a fresh executive committee meeting called on 19th December 2024 all the members of the executive committee agreed to the undertaking already filed by the acting president. No further directions are required to be issued and we treat the case as closed with the clear observation that the Punjab and Haryana High Court Bar Association shall continue to be bound by the undertaking.”

The Court found no further directions necessary and formally closed the case, making it clear that the Bar Association will remain bound by the undertaking.

Background

On July 26, 2024, lawyers from the Punjab and Haryana High Court abstained from work, causing disruption to court proceedings. The Supreme Court took cognizance of the matter in August 2024 and issued notices to the Bar Association, questioning their conduct.

Justice Oka had further emphasized the illegality of strikes by lawyers, referencing the law laid down in Ex-Captain Harish Uppal v. Union of India, which prohibits lawyers' strikes.

Despite initial resistance, the acting president assured the Court of compliance. Thereafter, on December 9 a resolution was passed by the majority of the executive committee, with opposition from a few executive committee members. The Court warned that it will initiate contempt proceedings against these members if they do not give an undertaking not to engage in strikes in the future.

After this warning, the counsel for the Bar Association today informed the Court that the executive committee had unanimously resolved to abide by the earlier undertaking.

Case no. – MA 2046/2024

Case Title – M/S M3M India Pvt. Ltd. & Anr. v. Union of India & Ors.