Strikes & Lockouts


Published on

Strikes and Lockouts, GMP, XLRI Jamshedpur

Published in: Business
No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Strikes & Lockouts

  1. 1. Strikes & Lockouts<br />Group 2<br />Anshuman Jaiswal – G09051<br />Deepti Chand - G09055<br />Gaurav Piplani - G09059<br />Shriram Singh - G09086<br />SushantAlevoor - G09092<br />VenkataSeshan – G09096<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  2. 2. Manifestation of Conflict<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  3. 3. What is a Strike? 2(Q)<br />Strike means cessation of work by <br />a body of persons employed in any industry acting in combination<br /> concerted refusal<br />a 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.<br />Does not speak about the purpose of strike.<br />So a strike can be pursuant to an I.D or even otherwise.<br />A strike doesn’t have to be pursuant to an I.D only<br />Justified <br />un-justified- A strike for purposes other than I.D <br />The facts and circumstances determine whether a strike is justified or un justified.<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  4. 4. Lockout 2(L)<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  5. 5. Lock Out..<br />It is an act of hostility as opposed to Lay-off<br />Lockout <br />justified <br />unjustified <br />The LC decides the justifiability or other wise of the strikes or lockouts.<br />Wages for the period of strikes and lockouts – <br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  6. 6. Section 22 - No S&L in Public Utility <br />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, <br />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.<br />Notice of lockout (u/s 22 (1)) shall be given by such manner as may be prescribed<br />Within 5 days of receipt or issue of such notice the employer shall report the appropriate government or the prescribed authority.<br /> Case: State of Bihar v. DeodharJha<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  7. 7. Section 23 – General Prohibition <br />General prohibition of strikes and lock- outs.- 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—<br />(a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings; <br />(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[ <br />(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] <br />(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.<br /> Case : Chemicals & Fibers of India V DG Bhoir<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  8. 8. Section 24 – Illegal S & L<br />(1) A strike or a lock-out shall be illegal if – <br />(i) it is commenced or declared in contravention of section 22 or section 23; or<br />(ii) it is continued in contravention of an order made under sub-section (3) of section 10 [ or sub-section (4A) of section 10A];<br />(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.<br />(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.<br /> Case: Main baadmeinbataaonga<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  9. 9. Jet Airway’s Pilots Strike<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  10. 10. Section 25<br />25. PROHIBITION OF FINANCIAL AID TO ILLEGAL S & L<br />No person shall knowingly expend or apply any money in direct furtherance or support of any illegal strike or lock-out.<br />25B. DEFINITION OF CONTINUOUS SERVICE<br />Workman 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 <br />Sickness <br />Authorized leave <br />An accident <br />A strike which is not illegal<br />A lock-out <br />A cessation of work which is not due to any fault on the part of the workman<br />25E. WORKMEN NOT ENTITLED TO COMPENSATION IN CERTAIN CASES<br />If such laying off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  11. 11. Penalties<br />26. PENALTY FOR ILLEGAL STRIKES AND LOCK-OUTS<br />Workman  Illegal S & L  Imprisonment one Month Fine Rs50 Both <br />27. PENALTY FOR INSTIGATION, ETC<br />Workman Instigates or incites others Imprisonment 6 Month Fine Rs1000 Both <br />28.PENALTY FOR GIVING FINANCIAL AID TO ILLEGAL STRIKES AND LOCK-OUTS<br /> Expends or applies any money in direct furtherance or support of any illegal strike or lock-outImprisonment 6 Month Fine Rs1000 Both <br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  12. 12. Prohibition of strikes<br />Section 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.<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  13. 13. Syndicate Bank-v- Umesh Nayak<br />Wages - if strike is legal and justified.<br />Legal strike<br />section 22, 23 or 24 of the Act <br />terms of employment depending upon the facts of each case(Sadual textile Mills v. Their workmen )<br />Justified strike<br />service conditions of the workmen<br />nature of demands of the workmen <br />cause led to strike<br />urgency of the cause or demands of the workmen <br />reasons for not resorting to the dispute resolving machinery <br />the contract of employment <br />the service rules provided for a machinery to resolve the dispute<br />resort to strike or lock-out as a direct measure is prima facie unjustified. <br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  14. 14. ULP-FIFTH SCHEDULE<br />II - On the part of employers and trade unions of employers<br />(4)(b)To encourage or discourage membership in any trade union by discriminating against any workman.<br /> discharging or dismissing a workman for taking part in any legal strike<br />(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.<br />(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.<br />(12)To recruit workmen during a strike which is not an illegal strike.<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  15. 15. FIFTH SCHEDULE – Cont..<br />II - On the part of workmen and trade unions of workmen<br />(1)For a deemed illegal strike<br />To advise <br />actively support <br />instigate <br />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 – <br />for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work places<br />To 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.<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  16. 16. Go Slow <br />Deliberately delaying by workmen pretending to be engaged in factory.<br />Not a strike<br />Considered as a serious form of misconduct(Bharat Sugar Mills Ltd-v- Jai singh 1961)<br />Once proven, provides for a disciplinary action.(Case: Bank of India v T S Kelewala(1990))<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  17. 17. More on Strikes<br />As per law no distinction between illegal strike which may be justifiable and one which is not justifiable<br />Wholly misconceived, esp in cases of employees of PUS.<br />Strike on part of workman and Lockout on part of employer is not a fundamental right(TK Rangarajan case)<br />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.<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />
  18. 18. Thank You !!<br />4/2/2010<br />GMP XLRI, Jamshedpur<br />