Approaches to industrial

relations
Presented by:

HPUBS
Megha bansal (2513)
Sachin verma (25)
Vijay kashyap (2511)

Overview

Introduction
What is strike
Types of strikes
Lockout
Provision for strikes and lock-out
Illegal strikes
Penalties for strikes and lockout
Case law on strikes
Case law on lockouts
Position of strikes and lock out in India
Manesar plant issue strike and lockout
Conslusion




Introduction
Countries give rights for workers to strike

Weapon of Last Resort should not be misused

Foreign investment must keep some safeguard in there
respective industrial Laws

In India Article 19 gives Provision as Fundamental
Right to Protest

Right to strike is a Legal Right and not Fundamental
Right
What is strike ? section 2 (q)
Strike mean a cessation of work by:
a body of persons employed in any industry acting in
combination,
or a concerted 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

INDUSTRIAL DISPUTES ACT
VARIOUS FORMS OF STRIKE

SIT DOWN STRIKE
PEN DOWN STRIKE / TOOL DOWN STRIKE
GO SLOW ( SLOW GEAR STRIKE)
AGITATION / DHARANA / GATE MEETINGS
PICKETTING
WORK TO RULE
LIGHTENING STRIKE
HUNGER STRIKE
TOKEN STRIKE
PEARL STRIKE
SYMPATHATIC STRIKE
MASS CASUAL LEAVE
WEARING BLACK BADGES ( PROTEST )






Lockout Section 2(1)

The temporary closing of employment
the suspension of work,
the refusal by an employer to continue to employ
any number of persons employed by him

It means the closure of the place of business and not closure of
business itself.

Lock-out is usually used by the employer as a weapon of collective
bargaining.



1) Strike in a public utility service: [sec. 22 (1)] No person
employed in a public utility service shall go on strike in
breach of contract

(a) without giving to the employer notice of strike, as
herein-after provided, within six weeks before
striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any
such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings
before a conciliation officer and seven days after the
conclusion of such proceedings.

PROHIBITION OF STRIKES AND LOCKOUT
(section 22 and 23)
2). Lockout in a public utility service [sec. 22(2)].
No employer carrying on any public utility service shall
lock-out any of his workmen

(a) without giving them notice of lock-out as hereinafter
provided, within six weeks before locking out; or

(b) within fourteen days of giving such notice; or

(c) before the expiry of the date of lock-out specified in
any such notice as aforesaid; or

(d) during the pendency of any conciliation proceedings
before a conciliation officer and seven days after the
conclusion of such proceedings.
3). NOTICE OF LOCKout or strike not necessaryin certain cases:
1).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 in the public utility service, but the employer
shall send intimation of such 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.[sec. 22(3)]

(2) 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.

(3) The notice of lock-out referred to in sub-section (2) shall
be given in such manner as may be prescribed.

(4) If on any day an employer receives from any persons employed
by him any such notices as are referred to in sub-section (1) or gives
to any persons 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.
3) Strikes and lockout in an industrial establishment (sec. 23). No
workman who is employed in any industrial establishment shall go on a
strike in breach of contract nd 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;

(c) 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]
(d) 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.
.
Illegal strikes and lock-outs (sec24) A strike or lockout 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 1*[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, 1*[an arbitrator, a] 2*[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 1*[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.

Prohibition of financial aid to illegal strikes and lock-
outs.(sec 25).
No person shall knowingly expend or apply any money in
direct
furtherance of support of any illegal strike or lock-out
Penalties regarding strike and lock
out
Penalty for illegal strikes (Sec 26):
Any workman who commences, continues or
other wise acts in furtherance of a strike which is
illegal under this Act, shall be punishable, with
imprisonment for a term which may extend to 1
mth., or with fine which may extend to Rs. 50, or
with both.
Penalty for instigation of illegal strikes (sec. 27):
Any person who instigates or incites others to
take part on an illegal strike in punishable with
imprisonment for a term upto 6 mths., or a fine
upto Rs. 1000, or with both.


Penalty for giving financial aid to illegal strikes (sec.
28):
Any person who knowingly expends or applies any money in
direct support of an illegal strike is punishable with imprisonment for a
term upto 6 mths., or a fine upto Rs. 1000, or with both.

Penalty for illegal lock-outs

An illegal lock-out is punishable for a term extending to 1
month or with fine up to Rs. 1000 or with both.

Penalty for instigation of illegal lock-outs

An illegal lock-out is punishable with imprisonment for a
term which may extend to 6 months or a fine up to Rs.
1000 or with both.

CASE LAW ON LOCKOUT

1) Express Newspapers Ltd.Vs Their workmen (1962 SC)

2) Tata Iron & Steel Co.Ltd. Vs Their Workmen (1972 SC)

3) Keventers Karmachari Sangh Vs Lt. Governor, Delhi
( 1971 SC)
4) Mgt. of keirbetta Estate Vs Rajamanickam ( 1960 SC)

5) Mukand Iron & Steel Works Ltd Vs Their Workmen
( 1983 Bom .H.C )

INDUSTRIAL DISPUTES ACT
CASE LAW ON STRIKE

Buckingham and Carnatic Company Ltd. ( 1953 SC)
Delta Jute Mills Ltd Vs their Workmen ( 1950 SC)
Model Mills Ltd Vs Dharam Das ( 1958 SC)
Tamil Nadu Govt. Emp. Asson. Vs Govt of Tamil Nadu ( 2003 SC )
Crompton Greaves Limited Vs Their Workmen ( 1978 SC)
All India Bank Emp. Asson. Vs National Ind. Tribunal (1962 SC)
Audco India Ltd Vs Audco India Emp. Union & Ors ( 1989 Mad. HC)
Kamalesh Prasad Vs State of Bihar ( 1962 SC)
B.R Singh Vs Union of India ( 1989 SC)
Ex- Captain Harish Uppal Vs Union of India ( 2003 SC)
K. Sadashivan Vs Syndicate Bank Limited ( 1996 SC)
Mr. Dalvi Vs Rajabahadur Poonawala Mills Ltd (1997Bom HC)


STRIKE & LOCKOUT
STRIKE
Cessation of work
by a
body of persons
[workman]
Concerted refusal to
work
Duration & Time of
Strike -immaterial

LOCK OUT
By employer
Temporary closing of
place of employment
Refusal by employer to
continue to employ

Strikes and lockouts in India
Industrial disputes appeared to be falling post 1977, rising
occasionally in 1983, 1986, 1996 and 1997, the sharpest
decline was recorded during 1998-2002 when industrial
disputes were cut into half. This coincides with the time when
the judiciary was coming down heavy on political parties and
labour unions for organizing bandhs and hartals (which from
what I understand are different from strikes and lockouts)
Manesar plant issue
Strike and lock out

Conclusion

Right to strike is not Fundamental and Absolute Right
in India

This is a conditional right

The right to strike is a relative right which can be
exercised with due regard to the rights of others.

Every dispute between an employer and employee has
to take into consideration the third dimension, viz. the
interest of the society as whole.

references]