Unit 1-6

Question 1

INTL LABOUR ORGANISATION and indias ratification

Answer 1

promoting social justice, decent work, and internationally recognized labor rights worldwide.

1919: The ILO was established as part of the Treaty of Versailles, making it one of the oldest international organizations.
1944: The ILO became a specialized agency of the United Nations.
1969: The ILO was awarded the Nobel Peace Prize for its contributions to social justice.
1998: The ILO adopted the Declaration on Fundamental Principles and Rights at Work, which outlines eight core labor standards that are considered essential for decent work.

India is a founding member of the ILO. It became a permanent member of the ILO Governing Body
India has ratified six out of the eight-core/fundamental ILO conventions.

India has not ratified the two core/fundamental conventions, namely
1. Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) and
2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Question 2

industrial relations code

Answer 2

bill was passed and recieved presidents assent in september 2020,
Industrial Relation Code, 2020 is an Act to consolidate and amend all laws
relating to trade union, conditions of employment in industrial establishment
or undertaking, investigation and settlement of industrial disputes and for matters connected therewith / incidental thereto

APPLICATION: all industrial establishments with 300 or more workers,
Standing orders regarding grevience redressal, worker hours, classification of workers

Question 3

define employer (section 2M) and industry dispute

Answer 3

Employer means a person who employs any person, on his behalf / on behalf of
any person, in his establishment. included immediate employer and principaal employer.
the person who has ultimate authority over the affairs of the establishment.

Industry dispute** (section 2q)** means any dispute / difference between employers and
employers

/ between employers and workers / between workers and workers which is
connected with the employment / non-employment / the terms of employment /
with the conditions of labour, of any person and includes any dispute / difference
between an individual worker and an employer connected with / arising out of
discharge, dismissal, retrenchment / termination of such worker

Question 4

define industrial establishemnt and trade union

Answer 4

Industrial establishment / undertaking **SECTION 2 p **– in which any industry is carried on.

Where several activities are carried on in an establishment and only one / some of
such activities is / are an industry/ies, then –
if unit carrying on such activity is severable from other units, such unit and if it is not severable, the entire establishment will be deemed to be industrial
establishment / undertaking

Trade Union section 2 ZL means any combination, whether temporary or permanent,
formed primarily for the purpose of regulating the relations between workers and employers or between workers and workers, or between employers and
employers, or for imposing restrictive conditions on the conduct of any trade or
business, and includes any federation of two or more Trade Unions

Question 5

Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate

Answer 5

The Supreme Court of India examined the definition of “industry” under the Industrial Disputes Act, 1947 in this significant
case.

There was a disagreement between the management of Dimakuchi Tea Estate and its workers regarding specific
employment terms and conditions.

The management contended that the tea estate did not meet the criteria to be classified as an industry according to the Act.

Nevertheless, the Supreme Court ruled that the tea estate qualified as an industry due to its systematic activity and
collaboration between employers and employees with the goal of producing goods for consumption.

This case established a clear understanding of the term “industry” and created a standard for future interpretations under the
Industrial Relations Code.

Question 6

history of labour law development

Answer 6

International Labour Organisation (ILO) was one of the first organisations to deal with labour issues.
the initial development of labour laws on intl scale was as such- a few proposals were made by the americans: hat labour should not be
treated as a commodity; that all workers had the right to a wage sufficient to live on; and that
women should receive equal pay for equal work. A proposal protecting the freedom of speech,
press, assembly, and association was amended to include only freedom of association. ban on the international shipment of goods made by children under the age of 14, a proposal for 40 hour work week or 8 hour work day was accepted, 1 or more days of rest was added, equality of laws for foreign workers; and regular and frequent inspection of factory
conditions.

Question 7

history of labour law in india

Answer 7

The earliest Indian statute to regulate the relationship between employer and his workmen was the
Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for restraining the rights of
strike and lock out but no machinery was provided to take care of disputes.
Constitution of India provides detailed provisions for the rights of the citizens and also lays down
the Directive Principles of State Policy which set an aim to which the activities of the state are to be
guided. These Directive Principles provide:
7
a. for securing the health and strength of employees, men and women;
b. that the tender age of children are not abused;
c. that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
d. just and humane conditions of work and maternity relief are provided; and
e. that the Government shall take steps, by suitable legislation or in any other way, to secure
the participation of employee in the management of undertakings, establishments or other
organisations engaged in any industry.

Question 8

In Bangalore Water Supply and Sewerage Board v. A. Rajappa,

Answer 8

In Bangalore Water Supply and Sewerage Board v. A. Rajappa,

The Supreme Court of India laid down the “triple test” to determine whether an entity qualifies as an industry:

Firstly,Systematic activity organized by cooperation between employer and employee,
Secondly,
Production or distribution of goods and services and Activities aimed at satisfying human wants and wishes (excluding religious or spiritual services).
THIRD Mode of remuneration: The employee’s wages must be paid out of the profits of the industrial undertaking.

The judgment also clarified that even charitable organizations, educational institutions, and hospitals
could fall within the definition of “industry” if they meet the above criteria.

Question 9

Tata Iron & Steel Co. Ltd. v. State of Jharkhand,

Answer 9

The judgment clarified that the Industrial Disputes applies not only to private companies but also to PSUs.

It emphasized the need for fair resolution mechanisms for disputes involving both public and private
entities.

Question 10

In Standard Vacuum Refining Co. of India Ltd. v. Its Workmen,

Answer 10

Court ruled that employer” should be understood in its ordinary sense, encompassing both the principal
employer and the immediate employer.

The Court emphasized that the definition of “employer” under the Industrial Disputes Act is not restricted to
the principal employer alone but includes any person or entity who has ultimate control over the workmen.

Question 11

defining employee (2 L) and case law

Answer 11

Employee

“Employee” means any person (other than an apprentice engaged under the Apprentices Act, 1961) employed
by an industrial establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory,
managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be
express or implied, and also includes a person declared to be an employee by the appropriate Government,
butdoes not include any member of the Armed Forces of the Union as defined in Section 2 (l) of of Industrial
Code.47

CASE LAW

I** Steel Authority of India Ltd. and others v. National Union Water Front Workers and others,**
The Court held that a person who is engaged to do any work for hire or reward under a contract of
employment, whether oral or written, is an employee within the meaning of the Act.

The employment contract could be either oral or written, and the crucial aspect was the engagement of the
person to perform work for hire or reward.

In Dharangadhara Chemical Works Ltd. v. State of Saurashtra, IMPORTANT

The Court held that a person would be considered a “workman” if he is employed to do manual, clerical, supervisory, technical, or operational work for hire or reward, excluding managerial or
administrative work.

The critical factor in determining whether a person is a “workman” is the nature of the work performed and not the designation or title given to the employee.

Question 12

Strike and Lock out

Answer 12

Section 2 (zk) provides that strike” means a cessation of work by a body of persons employed in any industryacting 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 and includes the concerted casual leave on a given day by fifty per cent or more workers employed in an industry.

Lock-out means 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 as provided in* Section 2 (u)*.

Question 13

Lay off and retrenchment

Answer 13

* Section 2(t)* Lay off as provided in, means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason, to give employment to a worker whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.

Retrenchment as provide in Section 2 (zh) means the termination by the employer of the service of a worker for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but** does not include**—

(i) voluntary retirement of the worker; or
(ii) retirement of the worker on reaching the age of superannuation; or
(iii) termination of the service of the worker as a result of the non-renewal of the contract of employment
between the employer and the worker concerned on its expiry or of such contract being terminated under a
stipulation in that behalf contained therein; or
(iv) termination of service of the worker as a result of completion of tenure of fixed term employment; or
(v) termination of the service of a worker on the ground of continued ill-health.

Question 14

Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate, \part 2

Answer 14

The Court emphasized that layoff and retrenchment are measures of last resort and must be undertaken only
after exhausting all other options, such as redeployment or retraining of workers. Additionally, the Court
held that the employer must provide notice and pay compensation to the affected workers as prescribed by
the Act.

layoff (section 2(t)) and retrenchment section 2 (zh)

Question 15

Royal Dutch Airlines v. KLM Royal Dutch Airlines,

Answer 15

The Court emphasized the importance of trade unions in protecting the rights and interests of workers and
promoting industrialpeace and harmony.
It held that employers are obligated to recognize and negotiate with legitimate trade unions representing the interests of workers.

Question 16

Major reforms in india

Answer 16

The major reform includes the codification of existing labor laws into four
comprehensive labor codes:

 The Code on Wages, 2019

Consolidates laws related to wages, including the Minimum Wages Act,
Payment of Wages Act, and Equal Remuneration Act.It aims to ensure uniformity in wage regulations across the country.

 The Industrial Relations Code, 2020
Merges laws related to industrial disputes, trade unions, and standing
orders.
It seeks to simplify dispute resolution and promote harmonious industrial
relations.

 The Occupational Safety, Health and Working Conditions Code, 2020
Integrates laws related to health, safety, and working conditions in various
establishments.
It aims to ensure a safe and healthy working environment for all workers.

** The Code on Social Security, 2020: **Consolidates laws related to social
security, including provident funds, employee insurance, and maternity
benefits. It aims to extend social security benefits to all workers, including
those in the unorganized

Question 17

basics of works committee and grevience redressal committee

Answer 17

Works Committee section 3 of industrial relations code
Purpose: To promote harmonious relations between employers and workmen.
Composition: adequate representatives from employers and workers, workers CAN be more. there must also be proportional representation in terms of gender of workers in the committee
Mandate:
To discuss matters of mutual interest like conditions of work, safety, health, welfare, etc.
To consider grievances of workers and attempt to settle them amicably.
Applicability: Establishments employing 100 or more workers.

Grievance Redressal Committee section 4 industrial relations code
Purpose: To provide a platform for the resolution of individual grievances of workers.
Composition: Equal number of representatives from employers and workers. max= 10- including 2 reps for women workers
Mandate:
To consider and settle individual grievances of workers within a specified timeframe.
Applicability: Establishments employing 20 or more workers.

Question 18

give details of the grevience redressal committee in terms of procedure

Answer 18

Selection of Chairperson: Representative of employer and workers alternatively on
rotational basis every year.

Procedure for filing any dispute:
Aggrieved worker shall file an application within 1 year from the date on which cause of action of such dispute arises
Within30 days of application, GRC has to complete the proceedings decision will be based on the majority view of the Committee

CONCILIATION: if AGGRIEVED by decision OR the grievience is not resolved, you can apply for conciliation within 60/30 days respectively
Application to Tribunal: Within 1 years from the date on which cause of action to the dispute
arises and after the expiry of 45 days from the date of making an application to the Conciliation officer of the Appropriate Government

Question 19

REQUIREMENTS FOR REGISTRATION OF TRADE UNION

Answer 19

Composition: Any 7 / more members* may by subscribing their names to the rules of TU and by otherwise complying with the provisions of the Code can apply for registration
*Trade union of workers shall not be registered unless at least 10% / 100 workers (whichever is less) is employed / engaged in the industrial establishment as members of TU on the date of application
This composition shall be maintained at all time

Application shall not be invalid: After making application and before registration, if not more than ½ of the total number of persons applied have ceased to be members of TU / given notice to Registrar for dissociating themselves from the application

Every application shall be accompanied by a declaration, rules and resolutions. If the TU is a Federation / Central Organisation, resolutions adopted by members of each members has to be submitted
If TU is in existence > 1 year before making application for registration - a statement of
assets and liabilities also be annexed

TU shall be a body corporate with perpetual succession & common seal
and hold properties and to sue and be sued in its name

Question 20

CANCELLATION OF REGISTRATION OF TU

Answer 20

On voluntary application by TU* / Any contravention by the TU /
If composition of TU is not in accordance with the Code – the Registrar shall withdraw / cancel registration (60 days previous notice stating the grounds of such action shall be given by Registrar to TU)

*No notice will be sent

Registration can also be cancelled by order of tribunal= Parties concerned will be given opportunity of being heard before passing any order and Tribunal will forward a copy of order to the Registrar

** Trade Unions Act** lists the reasons for cancelling a trade union’s registration. According to this law, the Registrar of Trade Unions can cancel a trade union’s registration if:
1. the trade union has stopped existing or has ended.
2. The trade union has knowingly broken any rule in the act.
3. The trade union has gone against any law about registering trade unions.
4. The trade union has been involved in illegal activities.
5. The trade union hasn’t given in its yearly reports for two years in a row.
6. trade union no longer has requisite number of members

under the Industrial Relations Code, 2020. Section 29 of this code lists the reasons for cancelling a trade union’s registration. The code says that the officer in charge of registering can cancel a trade union’s registration if:

1. The trade union has broken any rule in the code.
2. The trade union got registered by fraudulent means
3. trade union has knowingly broken any rule in the code.
4. Misuse of funds
5. not holding regular elections

Question 21

acts not applicable to Trade unions

Answer 21

Societies Registration Act, 1860

Co-operative Societies Act, 1912
Multi State Co-operative Societies Act, 2002 Companies Act, 2013
Any other corresponding law relating to co-operative societies for the
time being in force in any State

Question 22

NEGOTIATING UNION / COUNCIL

Answer 22

For negotiating with the employer on such matters-
NEGOTIATING UNION / COUNCIL

For negotiating with the employer on such matters-

Industrial establishment having 1 TU: Employer must recognise such TU as the sole negotiating union of workers

> 1 TU registered under this Code: TU having 50% / more workers on the muster roll shall be recognized as the sole negotiating union of workers

> 1 TU- If no TU has 50% / more workers, employer shall constitute a negotiating council consisting of representatives of TUs which have the support of not less than 20% of total workers on the muster roll of the industrial establishment and such representation shall be 1 representative for each 20% and for the remainder after calculating the membership on each 20%
i.e, where no single trade union meets the membership threshold, a negotiating council is formed, comprising representatives from various trade unions in proportion
to their respective memberships.

Term: 3-5 years from the date of recognition / constitution Facilities shall be provided to the negotiating union / council

Question 23

history of trade union in india

Answer 23

Pre-Independence Era (Pre-1947)
The first recorded trade union organization, the Bombay Mill-Hands Association, was formed in 1890, primarily to address issues related to wages,
working hours, and working conditions in the textile mills of Bombay (now Mumbai).
Various workers’ associations, predominantly in the textile and jute industries, started emerging in major industrial centers such as Bombay, Calcutta (now Kolkata), and Madras (now Chennai).
In 1920, the All India Trade Union Congress
(AITUC) was founded, with prominent leaders such as Lala Lajpat Rai, Joseph Baptista, and N. M. Joshi.

The Great Bombay Textile Strike (1928) presented one of the most significant labour strikes in Indian history, it involved over 200,000 workers and lasted for nearly four months.

Post-Independence Era (Post-1947-70)
After India’s independence in 1947, the trade union movement witnessedfurther consolidation and growth. AITUC continued to be one of the dominant trade union organizations,
Post-1990s
Economic Reforms: The economic reforms initiated in the 1990s brought significant changes to the industrial landscape of India. The trade union movement faced new challenges in adapting to these changes,
including the rise of contract labour, outsourcing, and the erosion of traditional forms of employment security.
However, it also presented opportunities for unions to organize workers in new sectors and advocate for their rights in the changing economic scenario.

Question 24

COMPARATIVE ANALYSIS ON THE TRADE UNIONS ACT, 1926 and industrial relations code

Answer 24

trade unions act was earliest legislative effort to formalise the status and operation of trade unions. it grants the registration of trade unions, granting them protections such as immunity from civil and criminal liability for acts done for furtherance of a trade dispute.
also discusses rights and liabilities of of trade unions, members, and office bearers.

In contrast, the Industrial Relations Code, 2020, is comprehensive overhaulof the legal framework governing industrial relations, including the provisions related to trade unions. — streamlined process for the registration and recognition of trade unions.
- The Code mandates a minimum membership threshold of 7 members (10% of the workforce or 100 workers, whichever is less) for a union to be registered, ensuring that only
representative unions gain legal recognition.
- introduced concept of negotiating union for establishments w multiple unions which is then given support as the primary negotiating body for collective bargaining power.
- gives comprehensive mechanism for ADR process
- also promotes mechs such as works committee and grevience redressal committee

Question 25

Registrar of Trade Unions under Industrial Relations Code

Answer 25

1. The Registrar is responsible for receiving and processing applications for the registration of trade unions.
2. the Registrar issues a certificate of
   registration to the trade union, thereby granting it legal status.-whoich serves as conclusive evidence of a trade unions existence
3. The Registrar maintains a register of all registered trade unions, containing detailed information including adress etc
4. ensures that registered trade unions submit annual returns detailing their financial accounts and membership information.
5. has the authority to cancel the registration of a trade union if it is
   found to have obtained registration by fraud, has ceased to exist, or has willfully contravened any provisions of the Industrial Relations Code.
6. Before deregistration, the Registrar must provide the trade union with an opportunity to be heard.
7. The Registrar can recommend penalties for non-compliance with the provisions of the Industrial Relations Code.

Question 26

Objects of General fund, composition of separate fund, and membership fee of Trade Union

Answer 26

general fund- day t day objectives- various expenditures essential for the functioning of the trade union, including administrative costs, legal expenses, organizing activities,
educational programs, and welfare initiatives for the members.

Seperate fund- to financing particular projects or activities, such as strike
funds, welfare funds, or education and training programs.

The membership fee is determined by the trade union and collected from its members in accordance with established rules and procedures. is set at a level that is affordable and equitable for all
members, taking into account their respective financial capacities.

Question 27

Immunity from civil suit in certain cases plus what is criminal conspirancy here?

Answer 27

Under the Industrial Relations Code, 2020, trade unions are given certain immunities so that they may carry out their functions without undue interference/ intimidation

This immunity shields trade unions and their members from legal action that may arise during the course of collective bargaining, negotiations, or other activities related to industrial disputes.

allows them to advocate without fear of civil litigation

criminal conspiracy refers to any agreement between two or
more persons to commit an illegal act, or to achieve a legal act by illegal means, with the intention of promoting the objectives of a trade union.

while trade union shave the right to advocate for their rights, criminal cons. acts such as coercion, intimidation, or unlawful restraint is strictly prohibited.

Question 28

Disqualification of office bearers of Trade Unions

Answer 28

According to the code, certain criteria must be met for an individual to be eligible to hold office within a trade union, and failure to meet these criteria can result in disqualification.

disqualified if:
1. convicted of offence involving moral terpitude,
2. declared undischarged insolvent
3. found guilty of misappropriation of funds
4. breach of trust in relations to the funds of the union
5. convicted and imprisoned for a period exceeding 6mo disqualifies them as well
6.

Question 29

Adjudication of disputes of Trade Unions

Answer 29

The code establishes specialized adjudicatory bodies, such as the Industrial Tribunals,
to handle these disputes.
Industrial Tribunals are vested with the authority to settle disputes
that cannot be resolved through negotiation or conciliation.
These tribunals are typically composed of judicial members with expertise in labour law and industrial relations.

tribunal can make binding decisions on a wide range of issues, including disputes related to the interpretation or application of the code,
alleged unfair labour practices,
or breaches of collective agreements.
Furthermore, the code encourages alternative dispute resolution mechanisms,

Question 30

Enforceability of agreements

Answer 30

Agreements made by trade unions, whether collective bargaining agreements, memoranda of understanding (MoUs), or other types of agreements, are considered
legally binding and enforceable under the code.
these agreements include: employment terms, conditions, wages, benefits etc

In case of any disputes arising from the interpretation or violation of these agreements, the code provides for mechanisms to resolve such disputes, including ADR or adjudication by industrial tribunals. Additionally, the code imposes
legal obligations on both parties to adhere to the terms of the agreements and to
comply with any orders or awards issued by the competent authority.

Question 31

Buckingham Carnatic Mills v Their Workmen, (1953) ILC 181 SC

Answer 31

In the industry, workers worked in two shifts. One day, morning shift workers were granted paid leave to celebrate solar eclipse. Noon shift workers too demanded paid
leave, which was denied.
So, the workers cumulatively went on leave. Employer contented that consensual defiance or discontinuing of work amounts to work “LEAVE” and they took it on an individual basis.
Court held that if all ingredients
of strike are considered, collective leave amounts to strike as it was discontinuing work with common understanding. it was an illegal strike and the workers thus lost the benefit of holidays that they would have otherwise got under the rules.

Question 32

Standard Vaccum Oil Corporation v Gunaseelan (Ma) (1954) 2 LLJ 656

Answer 32

14

Workers demanded 1st May as holiday due to labour day but management was reluctant.
Upon threat of strike, management declared it as half day. However, all workers took leave on that day.
Employers contented that such leave would amount to a strike without proper notice and illegal as per Buckingham Carnatic Mills.
Court HELD that when application of leave is submitted, workers submit to the authority of the employer and expect reasonableness.
So, cessation of work or concerted refusal was not in defiance of authority of the employer.

Question 33

Premier Automobiles Ltd. v G.R. Sapre (1981) Lab IC 22 (Bom)

Answer 33

The definition of lockout is wide enough to include every process of stopping of work by the employer. Premier had three plants, in Plant A labour opted for go-slow strike and protest against the employers.
Appellant stopped work in all three plants. Court held that stopping of work in all three plants amount to lockout due to wide definition.
Without notice if lockout declared in three plants, then it would be illegal. Thus,employers’ contention that stopping of work in Plant B and C would not amount to lockout due to no requirement of countermeasures in other two plants is wrong.

Question 34

PROHIBITION OF STRIKES AND LOCK-OUTS

Answer 34

The Industrial Relations Code, 2020 (IRC), tocontrol the occurrence of strikes and lock-outs in India, ensuring industrial stability under section 62of the Code.

1. For workers in public utility services, madatory notice period= 14 days
2. other industrial establishments, the notice period= 60 days
   this 60 days ki during u can strike but you have to give 14 days notice prior to the strike.

so suppose you give a notice today of 60 days and in that notice you state during this 60 days i will conduct a strike. this is allowed. then you have to submit a notice 14 days prior to the actual strike date as well for it to be legal

3. strikes are prohibited during pendancy of concilliation and for seven days after the conclusion.
4. also strike not allowed during the time of proceedings in industrial tribunals and 60 days after the proceedings conclude
5. no strike during or after 60 days of arbitration proceeding
   Moreover, a strike or lock-out that begins without respecting the specified cooling-off
   periods—60 days after giving notice—is also classified as illegal.

Question 35

PENALTY FOR ILLEGAL STRIKE AND LOCKOUT

Answer 35

Illegal strike – fine upto 50/- or imprisonment upto 1 month [IR CODE 2020: Rs 1k- 10k/-]

• Illegal lockout – fine upto 1000/- or imprisonment upto 1 month [IR CODE: Rs 50k-100k/-]

Financial aid to illegal strike or lockout: IR code 2020, 10k-5k or imprisonment upto 1 month
Courts have to ascertain that strike or lockout was illegal and person
giving such financial aid had knowledge of such illegality.
However, aiding a legal and valid strike or lockout does not ensue such penalties.

Question 36

JUSTIFIED STRIKE OR LOCKOUT

Answer 36

The act and code do not give a distinction between justified or unjustified strikes or
lockouts.

Court has to consider:
*Reasonableness of a situation
*Whether a strike was peaceful or violent
*Whether remedies available under statues are exhausted.
Examples of justified strikes:
*Exhausting all remedies under id act
*Unfair labour practice or victimization
*Reasonable demands of workers in peaceful manner
*refusal of wages, refusal to recognise union, protest against suspension

JUSTIFIED LOCKOUT:
*Necessitated by conduct of workman
*Result of unreasonable strike
*Declared after tool-down strike was staged

Question 37

In Management of Kairbetta Estate, Kotagiri vs Rajamanickam,

Answer 37

Manger was beaten uo and broke leg and management annouced lockout for time till labourers could ensure that no harm would be cause and then the labourers claimed lay-off compensation.
employer rejected it, as it was LOCKOUT not layoff

the Court recognized that management has the right to declare a lockout as a defensive measure
in response to an illegal strike, especially when it is necessary to maintain discipline
and operational continuity.

Question 38

B. R. Singh v/s Union of India (1989) II Lab LJ 591 (SC)

Answer 38

It was held that the strike is a form of demonstration.

Though the right to strike or right to demonstrate is not a
fundamental right, it is recognized as a mode of redress for
resolving the grievances of the workers.

Though this right has been recognized by almost all
democratic countries but it is not an absolute right.

Question 39

In T.K. Rangarajan v/s Tamil Nadu, (2003) 7 ACE 30

Answer 39

the Tamil Nadu government TERMINATED THE SERVICES of
all employees who resorted to strike.

The Apex Court held that Government staffs have no
statutory, moral or fundamental right to strike.

Question 40

types of strike?

Answer 40

1. General Strike, the workmen join together for common cause and stay away from work, depriving the employer of their labour needed to run his factory.
2. Token Strike is for a day or a few hours or for a short duration because its main object is to draw the attention of the employer by demonstrating the solidarity and
   co-operation of the workers.
   3.Stay-in-Strike: where the WORKMEN REPORT TO THEIR
   DUTIES, OCCUPY THE PREMISES BUT DO NOT WORK. The employer is thus prevented from employing other labour to carry on his business.

Mysore Machinery Manufacturers v/s State AIR 1966 Mys 51

Held: Where dismissed workmen were staying on premises and refused to leave them, did not amount to strike but an offence of
criminal trespass.

Go-Slow:

In a ‘GO-SLOW’ strike, the workmen do not stay away from
work. They do come to their work and work also, but with a slow speed in order to LOWER DOWN THE PRODUCTION and thereby cause loss to the employer.

Sasa Musa Sugar Works Pvt. Ltd. v/s Shobrati Khan: Go-Slow strike is not a “strike” within the meaning of the
term in the Act, BUT IS SERIOUS MISCONDUCT

Question 41

India General Navigation and Railway Co.
Ltd., and Anr. v/s Their Workmen

Answer 41

a Strike in respect of public utility service is clearly illegal and cannot be justified, the only question of practical importance would be the quantum of punishment- and so it must be decided what type of strikers they were:

1. Voilent strikers
   (1) Violent strikers are those who obstruct the loyal workmen from
   carrying on the work or take part in violent demonstrations and act in
   defiance of law and order;
2. Peaceful Strikers
   Peaceful strikers are those workmen who are silent participants in
   the strike.

Question 42

Lock Out

Answer 42

1. Disputes or clashes between workers and the management.
2. Unrest, disputes or clashes in between workers and workers.
3. Illegal strikes, regular strikes or continuous strikes by workers.
4. Continuous or accumulated financial losses of factory or
   industry.
5. If any company involves in any fraudulent or illegal activities.
6. Failure in maintaining proper industrial relations, industrial
   peace and harmony.

Question 43

section of employee, employer, industry, industrial dispute, strike, lockout, layoff, retrenchment, worker

Answer 43

section 2(L) - employee
s 2(m)- Employer
s 2(p)= industry
s 2(q)= industrial dispute
s 2(t) = layoff
s 2(zk)= strike
s 2(u)= lockout
s 2(zk)= retrenchment

s 2(zr)= workerz
s 2(ZL)= trade union

Question 44

Section 42: Voluntary reference of disputes to arbitration

Answer 44

if an industrial exists, and employers and workers agree to refer the dispute to arbitration they may by written agreement refer the dispute to arbitration as per agreement
- where the agreement provides for even number of arbitrators, it shall provide for appt of another person as umpire- who shall enter if the arbitrators are equally divided in their opinion and the award of this umpire shall prevail and deemed to be the arbitration award.
- copy of arbitration agreement- forwarded to approp. Govt and conciliation officer
- AG may issue a notification in such manner as may beprescribed
○ the employer and workers who are not parties
to the arbitration agreement but are concerned in the dispute shall be given an opportunity of presenting their case before the arbitrator/s

in the arbitration if it is for termination of individual worker- he will be represented by a rep appt by him.
if the dispute is regarding OTHER matters the the negotiating union/council will represent the workers. if there is no nego union etc then the trade union will represent the workers.

the arbitrators shall investigate the dispute and submit the arbitral award to AG signed by all arbitrators.
when an issue has been referred to arbitration and notification has been issues the AG may issue ORDER prohibiting the continuance of any strike/lockout in connection with the dispute.

Question 45

section 43-

Answer 45

concilliation officers= AG may appoint concilliation officers charged with duty of mediating in and promoting settlement of the industrial dispute - the officer may be appt for a specific area specific industry in specific area either permanently

Question 46

industiral tribunal sec 44

Answer 46

ag may appoint industrial tribunal which will consist of=
1. 2 members appointed by AG and one will be judicial another will be administrative
2. qualifications, appointment removal of this member of industrial tribunal will be per central govt and in accordance w the finance act 2017
3. The salary and allowances and the terms and conditions of service of the Judicial
Member or Administrative Member and appointed by a State Government shall not be varied to his disadvantage after his appointment

they will decide cases regarding only-
- application interpretation of standing order,
- discharge/dismissal or workmen and their reinstatement or relief
- illegality of strike or lockout
- retrenchemnt of workers
- trade union disputes
-

Question 47

Section 46 – National Tribunal

Answer 47

A National Industrial Tribunal will have 2 members- one shall be a Judicial Member and the
other, an Administrative Member.
Judicial Member qualification= National Industrial Tribunal unless he is, or has beena Judge of a High Court.

disqualification= not independent, over age of 65 years

Question 48

Section 49 - Procedure and powers of arbitrator, conciliation officer, Tribunal and
National Industrial Tribunal.

Answer 48

procedures can be decided by the authorities on their own
- They have the same powers as a civil court under the Civil Procedure Code (CPC), 1908 for:
Summoning and enforcing the attendance of any person.
Examining witnesses under oath.
Compelling the production of documents or material evidence.
Issuing commissions for the examination of witnesses.

-, conciliation officers, and tribunal members are deemed public servants under Section 21 of the Indian Penal Code.

They can inspect workplaces, machinery, and relevant documents to gather information for disputes or cases.

they have full power to determine who pays what costs
Every Tribunal or National Industrial Tribunal shall be deemed to be civil court
very award made, order issued or settlement arrived at by or before a Tribunal or a
National Industrial Tribunal shall be executed in accordance with the procedure laid
down for execution of orders and decree of a civil court

Question 49

Section 55 - Form of award, its communication and commencement.

Answer 49

Section 55 of the Industrial Relations Code, 2020 explains how an award (decision) by an arbitrator, Industrial Tribunal, or National Industrial Tribunal is to be prepared, communicated, and when it comes into effect. Here’s a simple explanation:

Key Provisions:

1. Form of Award:
   
   • The award must be in writing and signed by the arbitrator or all members of the Tribunal delivering the decision.
2. Communication:
   
   • A copy of the award must be sent to the appropriate government (Central or State) for publication.
   • The government is responsible for publishing the award within 30 days of receiving it.
3. Commencement:
   
   • The award becomes effective:
     
     • On the date of publication unless a later date is specified in the award.
   • It remains binding for the period specified in the award (or as per the law).
4. Binding Nature:
   
   • The award is binding on:
     
     • The parties to the dispute.
     • Their successors, heirs, or assigns in respect of the establishment.

In summary, Section 55 ensures that awards are formally documented, communicated to the government, made public, and establish clear timelines for their implementation and binding effect.