Second Strike After An Initial One- Legality - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Jaykumtekar
Industrial Relations
+1 Other

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I would like to know if it is legally right to start a second strike if the time given for resolving the issues following the first strike is not yet over. Also, the first strike was called off following interventions by the district collector and local MLA both of whomhave signed in the agreement. Now the labour officer is claiming that as he (labour officer) has not signed it it is not valid and hence it is alright to start a second strike after giving 2 weeks notice. We suspect some foul play as the labour officer is known to favour the management. Kindly advise at the earliest as we have already issued the 2nd strike notice and would like to defer it if it is illegal
As per law, the Labour officer's view is correct because as per Industrial Disputes Act, it is the Labour officer (or Commissioner whoever depending upon the case) who is the Conciliation Authority and a settlement arrived at by the intervention of the District Collector and MLA with the Management will not stand. However, it is not necessary that a conciliation should be tri partied and even in the case of the management only calling for a conciliation (bi partie conciliation) that should be regarded as conciliation and that should be honoured by the workmen and during the pendency of that conciliation strike shall be deemed to be illegal. Therefore, if the Union go for a strike it will be declared as illegal strike saying that already talks are in progress in which the authority to enforce law and order in the District, ie, the District Collector and the MLA are parties and it is illegal to go for strike while conciliation is going on to resolve the issues.
Regards,
Madhu.T.K

Thank u sir for ur prompt reply. Seeing you are Kannur,I would like to add that this query has been made with regard to the ongiong nurses strike in Kerala. Sir can you help me on how to calculate salary based on minimum wages? As per the Minimum Wages Act 2009 the scale is 5310-110-5160-120=6460
The scale quoted "5310-110-5160-120=6460" seems to be wrong because in an accelerated pay scale the first component will be basic pay and the next one will be the annual increment which will be added to the basic pay until it reaches the third component and thereafter that basic pay will be added to the next component (increment) till the next component. Here, the third component is lower than the lowest basic pay (first component) and the preceding symbol (=) to final component should not be there.

Anyway, if the basic pay is Rs 5310 then it will be the lowest basic pay for a fresher and in addition to this variable Dearness Allowance based on the Consumer price Index is to be paid. Sometimes, there may be city compensatory allowance (special allowance for employees in Municipalities and Corporation areas) DA will be an amount fixed per point of consumer price index or per point above a particular base index. Please refer to the notification in full. I shall also revert back after going through the notification.

Regards,

Madhu.T.K

Yes I have also verified it and I find it is 5310-110-5860-120-6460. In this scale of pay, a fresher is to get a basic pay of Rs 5310 and from the second year onwards (for five years) an increment of Rs 110 will be added till the basic pay reaches 5860 and thereafter the increment will be Rs 120 for the next five years. Depending upon the experience a new employee can also be fixed in between this pay scale. In addition to the basic pay there is provision for Dearness Allowance at the rate of Rs 26.65 for every point of increase in cost of living index over and above 130 points. The Cost of living index will be different for different location. For example, the latest index for Eranakulam district is 196 and therefore, the DA will be Rs 1759 calculated at the rate of Rs 26.65 for 66 points, ie, point over 130. That means the bare minimum wages will be Rs 7069 (Basic Rs 5310 + DA Rs 1759)

However, the Act has given some other lower grades of pay depending upon the categories of the hospital and grades of staff and the lowest of the wage scale is Rs 4630-95-5105-105-5630. The Variable Dearness Allowance, however, will remain the same for all employees.

Regards,

Madhu.T.K

Dear Madhu, Requested to kindly let me know how to calculate the variable DA linked to AICPI and what the factors to be taken into consideration for calculating the same.
We are deviating from the original post. But still I would like to say that DA linked to cost of living index/ consumer price index will be different for different industries and at different places. Therefore. without reference to all these DA calculation is not possible. I have explained an example and that is applicable to private hospitals in Cochin, Kerala. In the similar way you may calculate the DA
Regards,
Madhu.T.K

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