Respected Seniors
In one Mines the workers without giving any notice during the working hour resorted strike against the behavior of their superior.Further this was not brought to the knowledge of Union but union remained silent.In order to calloff the strike the middlemanagement tries with their due effort.In this connection I may kindly be intimated what type of disciplinary action can be initiated against the workers those who were leading the team.
With regards
S.M.PATTANAIK
From India, Calcutta
In one Mines the workers without giving any notice during the working hour resorted strike against the behavior of their superior.Further this was not brought to the knowledge of Union but union remained silent.In order to calloff the strike the middlemanagement tries with their due effort.In this connection I may kindly be intimated what type of disciplinary action can be initiated against the workers those who were leading the team.
With regards
S.M.PATTANAIK
From India, Calcutta
first, its illegal strict so issued show cause notice stating illegal strike and after receiving cause and if found unsatisfied, put inquiry by third person and see the inquiry recommendation for further action, if found unsatisfied, that may be suspension.
You can go through I.D. Act, disciplinary action procedure to process your action.
From India, Ahmadabad
73You can go through I.D. Act, disciplinary action procedure to process your action.
From India, Ahmadabad
Sir, It is accepted but it is a lengthy process what is the immediate procedure to be followed to put pressure for action/negotiation Thanks and regards S.M.PATTANAIK
From India, Calcutta
From India, Calcutta
Usually mines are declared Public Utility Services under Sch-I to the Industrial Disputes Act 1947 and therefore the workmen are required to give 6 weeks notice of strike. Please ensure that your mine is declared as Public Utility service under Sec.2(n) of the IndustrialDisputes Act. If so, the strike becomes illegal since the workmen did not give any notice.You can initiate disciplinary action under your standing orders aginst delinquent workmen by isuing a chargesheet which shall specify details of the misconduct and calling for their explanation as to why the management shall not proceed ahead as per the standing orders. If their explanation is satisfactory, you may close the matter. If the same is not satisfactory, you can proceed with conducting domestic enquiry by appointing Enquiry officer and Presenting Officer. If the findings of the enquiry hold them guilty of he misconduct, you can pass appropriate order of penalty. Besides, you can deduct wages on no work-no pay basis for the period the workmen were on strike.
B.Saikumar
Mumbai
From India, Mumbai
B.Saikumar
Mumbai
From India, Mumbai
SIR,
Many many thanks for valuable reply.but sir I want to tell you that our MINES has not been declared as the Public Utility Service by the Govt.Of India.In order to put pressure I want to put the procedure of "SUBMIRALE-TERMINATION" which has been applied in NICCO-GROUP OF INDUSTRIES,CHHATIS GARH,which can be with drawn later on if required.How far I am correct ?let me know sir
Thanks and regards
S.M.PATTANAIK
From India, Calcutta
Many many thanks for valuable reply.but sir I want to tell you that our MINES has not been declared as the Public Utility Service by the Govt.Of India.In order to put pressure I want to put the procedure of "SUBMIRALE-TERMINATION" which has been applied in NICCO-GROUP OF INDUSTRIES,CHHATIS GARH,which can be with drawn later on if required.How far I am correct ?let me know sir
Thanks and regards
S.M.PATTANAIK
From India, Calcutta
No court will uphold an arbitrary termination of workmen for an alleged misconduct. The kind of termination which you have referred to is not known to exist in lindustrial law. Since you have stated that your mine is not declared as public utility service, then on what basis the strike is illegal and if it is not so how you can proceed with disciplinary action agaisnt them, leave alone resorting to "Submirale-termination".In my view, the issues may get complicated.
B.Saikumar
Mumbai
From India, Mumbai
B.Saikumar
Mumbai
From India, Mumbai
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