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Strike

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Strike

  1. 1. Industrial Relations <ul><li>STRIKES </li></ul>
  2. 2. Presentation by: PARVEJ SHAH RICHIE DABHI KINNARI RAVAL MITESH VARMA SAVITA KHSATRIYA ALPESH SHARMA JAYESH PARMAR KAUSHAL VAISHNAV
  3. 3. What is a STRIKE? <ul><li>“ STRIKE” has been defined in section 2(q) of the Industrial Disputes Act, 1947 in the following words: </li></ul><ul><li>“ ‘ Strike’ means a cessation of work by a body of persons employed in any industry, acting in combination or a refusal, or 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.” </li></ul>
  4. 4. Cessation of work or Refusal to work <ul><li>Cessation of Work: </li></ul><ul><li>(i) there should be cessation of work, and </li></ul><ul><li>(ii) such cessation should be by a body of persons employed in the industry acting in combination: or </li></ul><ul><li>Refusal to work </li></ul><ul><li>(i) there should be concerted refusal under a common understanding; and </li></ul><ul><li>(ii) such refusal should be by any number of persons employed in the industry to continue to work or to accept employment. </li></ul>
  5. 5. Types of Strike <ul><li>Sympathetic Strike </li></ul><ul><li>Partial Stoppage of work </li></ul><ul><li>Picketing-Boycott </li></ul><ul><li>Sit-Down Strike & Stay-in Strike </li></ul><ul><li>Tools Down Strike </li></ul><ul><li>Pen Down Strike </li></ul><ul><li>Token Strike </li></ul><ul><li>Lightning Strike </li></ul><ul><li>Hunger Strike </li></ul><ul><li>Go-Slow </li></ul>
  6. 6. What is Gherao? <ul><li>“ Gherao” is a physical blockade of a target, either by encirclement intended to block the regress and ingress from and to a particular office, workshop, factory or even residence or forcible occupation. The target may be a place or a person or person, usually the managerial or supervisory staff of an industrial establishment </li></ul><ul><li>. </li></ul><ul><li>The Gherao is resorted to by the workmen in order to achieve their object, not by special means, but by violence. Such a “Gherao” invariably involves the commission of offences. </li></ul><ul><li>The second kind of “Gherao” means a virtual occupation of the target to be gheraoed resulting in the prevention of ingress by the mgt. itself. </li></ul>
  7. 7. Section 22 Prohibition of strikes and lock-outs <ul><li>1) No person employed in a public utility service shall go on strike in breach of contract -  </li></ul><ul><li>(a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking ;   OR </li></ul><ul><li>(b) within fourteen days of giving such notice. OR </li></ul><ul><li>(c) before the expiry of the date of strike specified in any such notice as aforesaid; </li></ul><ul><li> OR </li></ul><ul><li>(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.  Contd… </li></ul>
  8. 8. <ul><li>(2)No employer carrying on any public utility service shall lock-out any of his workmen -  </li></ul><ul><li>(a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; </li></ul><ul><li>OR </li></ul><ul><li>(b) within fourteen days of giving such notice; OR </li></ul><ul><li>  (c) before the expiry of the date of lock-out specified in any such notice as aforesaid;   </li></ul><ul><li>OR </li></ul><ul><li>(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.  </li></ul><ul><li>Contd… </li></ul>
  9. 9. <ul><li>(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services. </li></ul><ul><li>(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.    Contd… </li></ul>
  10. 10. <ul><li>(5) The notice of lock-out referred to in sub-section(2) shall be given in such manner as may be prescribed.  </li></ul><ul><li>(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day.  </li></ul>
  11. 11. Section 24:    Illegal strikes and lock-outs <ul><ul><li>(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; </li></ul></ul><ul><ul><li>OR (ii) it is continued in contravention of an order made under sub-section (3) of Section 10 [or sub-section (4-A) of Section 10-A]  Contd… </li></ul></ul>
  12. 12. <ul><li>(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 (4-A) of Section 10-A]  </li></ul><ul><li>(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.  </li></ul>
  13. 13. <ul><li>Section 74   </li></ul><ul><li>  Report of notice of strike or lock-out </li></ul><ul><li>The report of notice of a strike or lock-out to be submitted by the employer under sub-section (6) of section 22 shall be sent by registered post or given personally to the Assistant Labour Commissioner (Central) appointed for the local area concerned, with copy by registered post to-  (1) The Administrative Department of the Government of India concerned,  (2) The Regional Labour Commissioner (Central) for the Zone,  (3) Chief Labour Commissioner (Central),  (4) Ministry of Labour of the Government of India,  (5) Labour Department of the State Government concerned, and  (6) The District Magistrate Concerned.  </li></ul>
  14. 14. <ul><li>Section 26 </li></ul><ul><li>Penalty for illegal strikes and lock-outs </li></ul><ul><li>(1) Any workman who commences, continues or otherwise acts in furtherance, of, a strike which is illegal under that Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.  </li></ul><ul><li>(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.  </li></ul>
  15. 15. THANK YOU!!!

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