CB (20-27) Flashcards
strike definition
S2q
means 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.
S22(1)
PUS Strike:
- notice 6 wks before
- S w/in 14 days of notice
- before expiry of date in notice
- not during or 7 days after conciliation
S22(2)
PUS Lockout:
- notice 6 wks before
- L w/in 14 days of notice
- before expiry of date in notice
- not during or 7 days after conciliation
S22(3)
notice not necessary where S/L already existing in PUS - ER should intimate on day of S/L - to specified auth. by app, Gov
S22(6)
whoever receives notice of S/L should report to app govt / specified auth the number of such notices received or given w/in 5 DAYS
Lockout defintion
the [temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him
Lockout defintion
the [temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him
S23
no S/L:
conciliation - during / 7 D.A
LC/tribunal/national tribunal - during / 2 M.A
arb (when notified under 10(3A) - during / 2 M.A
settlement / award in respect of matter covered when relevant to ID - during notice period
Colliery Mazdoor Congress v. Beerbhum Coal Co.
Strike without giving notice u/s 22 – Claimed wages for a national holiday which fell during the strike period – SC held that they were not entitled to wages as the workmen were responsible, for the employer could not extract work from the workers.-Violation of Sec 22
Madura Coats Ltd. v. Inspector of Factories, Madurai
If the date specified in the notice expires, a fresh notice has to be given. The notice provided for u/s 22 is mandatory.
Mineral Minor’s Union v. Kudremukh Iron Ore Co. Ltd.
Once the strike is held to be illegal, the question of justifiability does not arise and the employees of public utility services are not entitled to seek wages for the strike period unless they prove that the strike was legal and justified
S24
illegal S/L
contravention of s22 & 23
contravention of S10(3) and S10A(4A)
S25
prohibition of financial aid to illegal S/L
S10(3)
govt may by order prohibit continuance of S/L when referred to board/LC/LT/NT
Bank of India V kelawala
Where the contract, Standing Orders or the service rules/regulations are silent on the subject of payment of wages during strike, the management has the power to deduct wages for absence from duty, when the absence is a concerted action on the part of the employees and the absence is not disputed.
The court held that where there are no rules or regulations on a particular subject, the authorities or the employers will retain the power to deduct the wages of the striking employees for the absence from duty. The Court further stated that the legality or justification of the strike was not of importance. The deduction of wages does not take away the right to strike and the employees know repercussions of the same
Workmen of motor Industries co ltd V. Management of Motor Industries co.Ltd
A settlement between the association and management that no would resort to strike ot lockout without giving 4 days notice .
The management suspended one of the workmen pending an inquiry
In violation of this clause the workmen went on to strike on suspension of worker. The SC held that strike was not under illegal under sec 24 read with 23(c)
India General Navigation v. Workmen, AIR 1960 SC 219
The court opined that the question of justified or unjustified is to be acknowledged in legal strikes only. Only in the case of legal and justified strike are the workmen entitled to wages.
Crompton Greaves ltd. v. Workmen, AIR
held that the strike should not be considered as unjustified unless the reasons for the strike are entirely unreasonable or pertinacious.
Commencement of Conciliation
date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or
on the date of the order referring the dispute to a Board
Conclusion of Conciliation
where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute
where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate Government or
when the report of the Board is published under section 17, as the case may be
when a reference is made to an adjudicator under section 10 during the pendency of conciliation proceedings
Commencement
Arbitrator under section 10A or before an Adjudicator
on the date or the reference of the dispute for arbitration or adjudication
Conclusion of Arbitration or Adjudication
on the date on which the award becomes enforceable under section 17A.
Syndicate Bank and Ors. v. K Umesh Nayak
The Court held that strikes have to be both justified and legal in order to receive wages.
The legality of the same would be checked by the Industrial tribunal and no other authority.
However, legality alone doesn’t guarantee wages.
The court observed the fact that the legality of the justifiability of the strike depends on the conditions of the strike such as urgency of the situation, nature of the issue or demand, working conditions, or why strike depends on the provisions of the I D Act and the dispute was not resolved without resorting to strike.
T K Rangarajan v. State of Tamil Nadu
no fundamental/statutory/equitable right to strike and that government employees could not resort to strike. The Court stated that government employees cannot claim the right to strike, as they hold important positions with respect to welfare of the society. In the scenario where acts of injustice are committed against them, they have been given various redressal methods within the system itself.
Indian Marine Service Pvt. Ltd. v. Their Workmen
It was held that, workers are entitled to full wages for the period of the entire lock-out if the lock-out was unjustified.
In the scenario of an illegal lock-out, the workers have no compulsion to go to work or take part in the conciliation proceedings. The employer cannot deny them wages for the same.
However, a lock-out that was declared after an illegal strike would mean both parties are at fault, so the workmen are only entitled to half of their wages during the period of lock-out.
bandh
general strike, but wide area of application, not just one sector in industry but everything in area, more manipulative and violent
gherao
“encirclement”, confine the employers physically till demands are met, could involve crimes of wrongful restrain, criminal trespass, threat to life, property
slow-down
no stopping work but restrict rate of output to increase pressure
work-to-rule
do no more than bare minimum set out in CoE, lowers productivity
