Senior Counsel representing the companies, Seenath Jairam, sought to get a continuation of the injunction and stated the companies intention to apply for decertification of the union. However Senior Counsel Douglas Mendes argued that there was no evidence that the union committed an industrial relations offence. “There is evidence that the workers put down their tools and did not work.There is no evidence the union committed industrial action,” Mendes argued. He cited that in the application for the injunction Jairam had referred to the action as a wildcat strike.
He said the definition of a wildcat strike was one in which there was no union involvement. At this point Rambally commented that both parties could focus their energy on returning to the bargaining table and engaging in something more resourceful. He then gave both parties five minutes to discuss and find a resolution. When the judges returned Jairam announced TCL and TPL’s decision to withdraw its applications.