Strikes & Lockouts

Strikes & LockoutsGroup 2Anshuman Jaiswal – G09051Deepti Chand - G09055Gaurav Piplani - G09059Shriram Singh - G09086SushantAlevoor - G09092VenkataSeshan – G090964/2/2010GMP XLRI, Jamshedpur

Manifestation of Conflict4/2/2010GMP XLRI, Jamshedpur

What is a Strike? 2(Q)Strike means cessation of work by a body of persons employed in any industry acting in combination concerted refusala refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.Does not speak about the purpose of strike.So a strike can be pursuant to an I.D or even otherwise.A strike doesn’t have to be pursuant to an I.D onlyJustified un-justified- A strike for purposes other than I.D The facts and circumstances determine whether a strike is justified or un justified.4/2/2010GMP XLRI, Jamshedpur

Lockout 2(L)4/2/2010GMP XLRI, Jamshedpur

Lock Out..It is an act of hostility as opposed to Lay-offLockout justified unjustified The LC decides the justifiability or other wise of the strikes or lockouts.Wages for the period of strikes and lockouts – 4/2/2010GMP XLRI, Jamshedpur

Section 22 - No S&L in Public Utility Notice of lockout or strike under this section shall not be necessary where there is already in existence a strike or lockout in public utility service, Notice of strike (u/s 22 (1)) shall be given by such number of persons to such number of persons and in such manner as may be prescribed.Notice of lockout (u/s 22 (1)) shall be given by such manner as may be prescribedWithin 5 days of receipt or issue of such notice the employer shall report the appropriate government or the prescribed authority. Case: State of Bihar v. DeodharJha4/2/2010GMP XLRI, Jamshedpur

Section 23 – General Prohibition General prohibition of strikes and lockouts.- No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock- out—(a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings; (b) during the pendency of proceedings before 1[ a Labour Court, Tribunal or National Tribunal] and two months after the conclusion of such proceedings; 2[ (bb) 3[ during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub- section (3A) of section 10A; or] (c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award. Case : Chemicals & Fibers of India V DG Bhoir4/2/2010GMP XLRI, Jamshedpur

Section 24 – Illegal S & L(1) A strike or a lock-out shall be illegal if – (i) it is commenced or declared in contravention of section 22 or section 23; or(ii) it is continued in contravention of an order made under sub-section (3) of section 10 [ or sub-section (4A) of section 10A];(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, an arbitrator, a Labour Court, Tribunal or National Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of section 10 or sub-section (4A) of section 10A.(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. Case: Main baadmeinbataaonga4/2/2010GMP XLRI, Jamshedpur

Jet Airway’s Pilots Strike4/2/2010GMP XLRI, Jamshedpur

Section 2525. PROHIBITION OF FINANCIAL AID TO ILLEGAL S & LNo person shall knowingly expend or apply any money in direct furtherance or support of any illegal strike or lock-out.25B. DEFINITION OF CONTINUOUS SERVICEWorkman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of Sickness Authorized leave An accident A strike which is not illegalA lock-out A cessation of work which is not due to any fault on the part of the workman25E. WORKMEN NOT ENTITLED TO COMPENSATION IN CERTAIN CASESIf such laying off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment4/2/2010GMP XLRI, Jamshedpur

Penalties26. PENALTY FOR ILLEGAL STRIKES AND LOCK-OUTSWorkman  Illegal S & L  Imprisonment one Month Fine Rs50 Both 27. PENALTY FOR INSTIGATION, ETCWorkman Instigates or incites others Imprisonment 6 Month Fine Rs1000 Both 28.PENALTY FOR GIVING FINANCIAL AID TO ILLEGAL STRIKES AND LOCK-OUTS Expends or applies any money in direct furtherance or support of any illegal strike or lock-outImprisonment 6 Month Fine Rs1000 Both 4/2/2010GMP XLRI, Jamshedpur

Prohibition of strikesSection 10A(4A): If an industrial dispute is referred to an arbitrator and notification is issued to concerned parties within period of one month, the government may issue order to prohibit strike or lock-out due to the dispute from the day of reference of the case of the arbitrator.4/2/2010GMP XLRI, Jamshedpur

Syndicate Bank-v- Umesh NayakWages - if strike is legal and justified.Legal strikesection 22, 23 or 24 of the Act terms of employment depending upon the facts of each case(Sadual textile Mills v. Their workmen )Justified strikeservice conditions of the workmennature of demands of the workmen cause led to strikeurgency of the cause or demands of the workmen reasons for not resorting to the dispute resolving machinery the contract of employment the service rules provided for a machinery to resolve the disputeresort to strike or lock-out as a direct measure is prima facie unjustified. 4/2/2010GMP XLRI, Jamshedpur

ULP-FIFTH SCHEDULEII - On the part of employers and trade unions of employers(4)(b)To encourage or discourage membership in any trade union by discriminating against any workman. discharging or dismissing a workman for taking part in any legal strike(6)To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking strike.(8)To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a precondition to allowing them to resume work.(12)To recruit workmen during a strike which is not an illegal strike.4/2/2010GMP XLRI, Jamshedpur

FIFTH SCHEDULE – Cont..II - On the part of workmen and trade unions of workmen(1)For a deemed illegal strikeTo advise actively support instigate 2. To coerce workmen in the exercise of their right to self-organization or to join a trade union or refrain from joining any trade union, that is to say – for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work placesTo indulge in acts of force or voielence or to hold out threats of intimidation in connection with a strike against non striking workmen or against managerial staff.4/2/2010GMP XLRI, Jamshedpur

Go Slow Deliberately delaying by workmen pretending to be engaged in factory.Not a strikeConsidered as a serious form of misconduct(Bharat Sugar Mills Ltd-v- Jai singh 1961)Once proven, provides for a disciplinary action.(Case: Bank of India v T S Kelewala(1990))4/2/2010GMP XLRI, Jamshedpur

More on StrikesAs per law no distinction between illegal strike which may be justifiable and one which is not justifiableWholly misconceived, esp in cases of employees of PUS.Strike on part of workman and Lockout on part of employer is not a fundamental right(TK Rangarajan case)Employer can deduct wages during period of legal strike while he can deduct wages as well as initiate disciplinary action in case of illegal strike.4/2/2010GMP XLRI, Jamshedpur

Thank You !!4/2/2010GMP XLRI, Jamshedpur

Strikes & Lockouts

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Strikes & Lockouts