Need help on: Strike notice period in non public utility services
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Need help on: Strike notice period in non public utility services

casyno003 Started The Discussion:

Need clarification on the notice period for strike in non public utility services... Sec(22) talks about Notice period in PUS but Sec(23) does not mention anything about the notice period in industrial establishment.

so can the interpretation be taken that , there is no need for any notice period in non PUS( general industrial establishment) ? or is it the same as in PUS?

22. PROHIBITION OF STRIKES AND LOCK-OUTS. - (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 hereinafter 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.

(2) No employer carrying on 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) 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.

(4) 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.

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

(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person 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.

23. GENERAL PROHIBITION OF STRIKES AND LOCKOUTS. - 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 a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings;

(bb) 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.

kriti_lakhotia - Member Since: Dec 2009
Non mandatory : In non-public utility service, unless standing orders or appointment orders stipulates giving of notice, or it is in retaliation for a strike or lockout.

girimaddukuri - Member Since: Dec 2011
Quote:
Originally Posted by kriti_lakhotia View Post
Non mandatory [22(3), 23(1)] :

In non-public utility service, unless standing orders
or appointment orders stipulates giving of notice,
or it is in retaliation for a strike or lockout.
Dear Sir,

The reply is not clear whether any notice is required for going on strike in non-public untility service or not. Can they go on strike suddenly without giving any information to the management and without giving any change to the management for discussions for settlement of their demands.

Kindly clarify

M S GIRI

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