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STRIKING-OFF A PICKET The Union (defendant) and the company (plaintiff) were at all material times bound by a collective agreement that was registered in the Industrial Court pursuant to the provisions of s. 16 of the Industrial Relation Act 1967 (the Act) and given cognizance No. 21/01 by the Industrial Court. The collective agreement was for the period 1 January 1999 to 31 December 2001 and thereafter. On 18 December 2002, the defendant lodged a complaint of non-compliance at the Industrial Court pursuant to s. 56(1) of the Act. The matter was recorded as Industrial Court case No. 1/1 - 089/02 (non-compliance complaint). The non-compliance complaint was with respect to Article 27 of the collective agreement on the contractual annual increments of the defendant's members. On 9 January 2003, the plaintiff offered to pay the defendant members their contractual annual bonus provided that they forego their contractual claim for annual increments which is the subject matter of the non-compliance complaint. By a letter dated 17 January 2003, the defendant rejected the plaintiff's offer and requested the plaintiff to pay the defendants' members their contractual annual bonus for the year 2000 by 30 January 2003, failing which it will have no alternative but to hold picketing actions on 31 January 2003. On 21 January 2003, the plaintiff filed for an application for interpretation of the collective agreement with the Industrial Court pursuant to s. 33(1) of the Act. In the interpretation application, the plaintiff sought the Industrial Court's interpretation of art. 2(1) and/or 2(3) of the collective agreement, in particular, whether on a proper interpretation of the said articles, the collective agreement is still in force. By a letter dated 23 January 2003, the plaintiff inter alia alleged that the proposed picketing will be unlawful. On 24 January 2003, the plaintiff filed the originating summons and the plaintiff's ex parte summons-in-chambers primarily to restrain the defendant, its members' agents/servants from picketing at or near the vicinity of the plaintiff's premise as indicated by the defendant. By a letter dated 28 January 2003, the defendant informed the plaintiff that the proposed picketing is lawful and will proceed to picket as scheduled if the plaintiff failed to pay the defendants' members their contractual annual bonus. On 30 January, 2003 the plaintiff's ex parte application was heard and an interim order was granted by the Judge restraining the defendants, its members/agents/servants from, picketing at or near the vicinity of the plaintiff's hotel as indicated by the defendant. In view of the said interim order, the proposed picketing did not materialize. Hence, on 10 February 2003, the defendant filed the defendant's summons-in chambers to strike out the plaintiffs originating summons, the plaintiff's ex parte summons-in- chambers and the said interim order. Question Help the Court to make a decision: 1. Whether the Union has the right to perform a strike due to the above case, 2. Can the Union set aside the injunction order made against the union by the management restraining the union, its members/agents/servants from picketing at or near the vicinity of the plaintiff's hotel as indicated by the defendants ** Students are encouraged to refer to appropriate acts and court cases