Strikes and Lockouts, GMP, XLRI Jamshedpur

1. Strikes & Lockouts Group 2 Anshuman Jaiswal – G09051 Deepti Chand - G09055 Gaurav Piplani - G09059 Shriram Singh - G09086 SushantAlevoor - G09092 VenkataSeshan – G09096 4/2/2010 GMP XLRI, Jamshedpur

2. Manifestation of Conflict 4/2/2010 GMP XLRI, Jamshedpur

3. What is a Strike? 2(Q) Strike means cessation of work by a body of persons employed in any industry acting in combination concerted refusal 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. 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 only Justified un-justified- A strike for purposes other than I.D The facts and circumstances determine whether a strike is justified or un justified. 4/2/2010 GMP XLRI, Jamshedpur

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

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

6. 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 prescribed Within 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. DeodharJha 4/2/2010 GMP XLRI, Jamshedpur

7. Section 23 – General Prohibition 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— (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 Bhoir 4/2/2010 GMP XLRI, Jamshedpur

8. 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 baadmeinbataaonga 4/2/2010 GMP XLRI, Jamshedpur

9. Jet Airway’s Pilots Strike 4/2/2010 GMP XLRI, Jamshedpur

10. Section 25 25. PROHIBITION OF FINANCIAL AID TO ILLEGAL S & L No person shall knowingly expend or apply any money in direct furtherance or support of any illegal strike or lock-out. 25B. DEFINITION OF CONTINUOUS SERVICE 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 Sickness Authorized leave An accident A strike which is not illegal A lock-out A cessation of work which is not due to any fault on the part of the workman 25E. WORKMEN NOT ENTITLED TO COMPENSATION IN CERTAIN CASES 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 4/2/2010 GMP XLRI, Jamshedpur

11. Penalties 26. PENALTY FOR ILLEGAL STRIKES AND LOCK-OUTS Workman  Illegal S & L  Imprisonment one Month Fine Rs50 Both 27. PENALTY FOR INSTIGATION, ETC Workman 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 4/2/2010 GMP XLRI, Jamshedpur

12. Prohibition of strikes 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. 4/2/2010 GMP XLRI, Jamshedpur

13. Syndicate Bank-v- Umesh Nayak Wages - if strike is legal and justified. Legal strike section 22, 23 or 24 of the Act terms of employment depending upon the facts of each case(Sadual textile Mills v. Their workmen ) Justified strike service conditions of the workmen nature of demands of the workmen cause led to strike urgency 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 dispute resort to strike or lock-out as a direct measure is prima facie unjustified. 4/2/2010 GMP XLRI, Jamshedpur

14. ULP-FIFTH SCHEDULE II - 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. 4/2/2010 GMP XLRI, Jamshedpur

15. FIFTH SCHEDULE – Cont.. II - On the part of workmen and trade unions of workmen (1)For a deemed illegal strike To 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 places 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. 4/2/2010 GMP XLRI, Jamshedpur

16. Go Slow Deliberately delaying by workmen pretending to be engaged in factory. Not a strike Considered 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)) 4/2/2010 GMP XLRI, Jamshedpur

17. More on Strikes As per law no distinction between illegal strike which may be justifiable and one which is not justifiable Wholly 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. 4/2/2010 GMP XLRI, Jamshedpur

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