Presentation 3

Strike  

Concerted refusal to work Collective Stoppage

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By body of persons employed

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Acting in combination (Trade union)

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To accept employment

Types 

General

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Sympathetic strike

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Go slow

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Tools down

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Hunger strike

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Work to rule

Contd.. 

All India Bank Employee’s Assn v. National Industrial Tribunal( 1963 SC): Right to strike is not a fundamental right

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TK Rangarajan v. Govt of Tamil Nadu(2003)

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Govt servant have no fundamental or equitable right to go on strike

Lockout 

By employer

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Temporarily closing down

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Suspension of work

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Refusal by employer to employ any number of persons

Suspension of work must be with the intention; otherwise it will not amount to lockout(Management of GW Ltd. 1997 )

Prohibition on Strike or lockout(22) 

Specific prohibitions

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Public utility services

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No person employed/no employer

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Strike(in breach of contract)/lockout

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Without giving six weeks notice/Within 14 days

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Before the expiry of date mentioned in the notice

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During pendency of conciliation proceedings and 7 days after that

Report of notice 

PUS

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By the employer

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If received

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If given

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To app govt.

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Within 5 days

Exception to report of notice 

In pus, if strike or lockout has already commenced, then requirement of notice of   lockout/strike is waived off by the legislature on account of 22(8)

General prohibitions (23) 

On PUS and Non PUS

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During pendency of:  conciliation proceedings and 7 days thereafter    proceedings before: Labour Court  /tribunal/National tribunal: 2 months  Of arbitration : 2 months  During any period wherein award or settlement is in operation

Illegal strike and lockout 

Sec 24

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Declared without prior notice

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During pendency

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Continued in contravention of order of govt. u/10(3):if the dispute is referred to LC/LT/NT

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Continued in contravention of order of govt. u/10-A(4A):if the dispute is referred to arbitration

Protection of refusing person 

Sec 35: refusal to participate in illegal strike

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Cant be put at the disadvantageous postion

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Expelled from the trade union

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Directly or indirectly at any loss on account of his non participation

An illegal strike cannot be  justified 

Bank of India v. TS Kelawala (1990)

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Both legal and illegal strike invite deduction of wages

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HMT Limited v. Union (1997)

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Employees not entitled to wages during the strike period notwithstanding the fact it is justified

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Syndicate bank v. Umesh nayak(1995): SC workmen may claim wages for strike which is bith legal and justified