WIGAN Council successfully obtained an injunction to stop a planned strike by Unison from going ahead -- just a day before it was due to take place.

The controversial strike, planned for Tuesday this week was slammed by Wigan Council, after it was revealed Unison decided on the action before notifying its own union members -- or the council.

The council argued that less than a third of all staff balloted voted to take strike action and said they were amazed that Unison saw this as a mandate to call their members out and try to hit vital public services.

Wigan Council leader Cllr Peter Smith also said there was evidence to suggest that the union had issued more than 500 more ballot forms than it was legally entitled to, based on the numbers it told the council it was planning to ballot.

The council appealed to the High Court in London who held that the ballot was unlawful and ordered Unison to pay the council's costs.

Cllr Smith said: "We regret that we have had to resolve this matter in court, but despite numerous requests we didn't get proper information from Unison about the way the strike ballot was carried out.

"We are pleased that the judge recognised the council's very real concerns over this matter. Our door is still open for negotiation to resolve this in a proper manner and hopefully we can now make real progress."

But Wendy Jackson, Unison branch secretary said the high court had ruled that the union had not fully complied with all the steps laid down in the laws, which were originally brought in by Margaret Thatcher to make strike action difficult to organise.

She said: "The prospect of a Labour Council using Tory Employment Laws to frustrate the democratically expressed wishes of its own workers is appalling. However, this resolves nothing. The fact remains that the vast majority of our members are opposed to the longer hours contracts, whatever bits of paper they have been bullied into signing and are prepared to take action to prevent their imposition."

She added: "Our members' patience is wearing very thin, having been bullied, intimidated and served with 90 day dismissal notices. Now, their legitimate right to take strike action has been denied them by a legal loophole."