Tsivasankaran
Consultant
R.N.Khola
Labour Laws & Ir
Ankitchaturvedi
Manager - Hr Excellence
+1 Other

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if any employee participate in strike, will he get salary during the strike days
Dear Pavani,
As per the Industrial Disputes Act, If the strike is legal (that is if the notice has been given by the union that they will be going on strike before the commencement of the strike then the workers are entitled for wages) but if the strike is illegal and notice prior notice has been given then no workers are entitled for the salary and hence their wages are to cut.
I am also attaching the Industrial Disputes Act material so that the answer can be more clarified...
Regards
Ankit
09869851356


Attached Files
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File Type: doc THE INDUSTRIAL DISPUTES ACT, 1947.doc (540.5 KB, 1074 views)
File Type: doc Industrial Employment Standing Oder Act.doc (58.4 KB, 509 views)
File Type: pdf Industrial Relations Act.pdf (87.5 KB, 646 views)

Dear
On the basis of the principle of "No work no wages" the striking employee is not entitled to any wages for the strike period. The appropriate Govt. is empowered to prohibit the strike but the matter of legal or illegal strike is to be decided by the Labour Court Cum Industrial Tribunal only.The labour court may or may not grant any relief to the striking workers/employees.
Opinion/Comments submitted as requested.
Regards,
R.N.Khola


As a matter of principle, Courts do not order for payment for striking period. Legal and Justified strikes may be exceptions. Justified illegal strikes. unjustified legal strikes and Unjustified and illegal strikes are the other three classification by the courts and under these three situations, courts do not order for payment
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