I am having following understanding about the Strikes/go-slow during the pendency of dispute before the conciliation officer.
However i need your views
Strikes by the workmen is prohibited during the pendency of dispute before the conciliation officer. If the management anticipate any strike by the workmen for any industrial dispute it can file an application before the Conciliation officer for conciliation. Once the conciliation started the workmen cannot go on strike until conciliation concludes. If they go on strike it will become an illegal strike.
When it comes to go slow employer can deduct the proportionate salary for the target which the operator failed to achieve & it must be proved that the operator was supposed to achieve certain numbers, but achieved less than the norms fixed. Generally the copy of notice of the go slow put up on the notice board of the establishment is sent to the conciliation officer. He may or may not call the parties for conciliation unless either party follows up.
Further the management can file a suit before the civil court for an injunction restraining the workmen to stop the movement of men material in the factory by strike or dharna in front of the gate.
Request for your views.
Also i would like to know in the case of strike & Go slow In Karnataka, if workmen go on an illegal strike what is the implication v/s a 'legal' strike. What actions can management take / not take in both scenarios
Pls share the section where a strike during conciliation is termed as illegal. If there is no notice of go-slow how does one prove it . Are there any case laws where mgmt. has deducted pay pro-rata for go-slow and that has successfully stood in a court.
It will be great help for my reference.
Regards
Noel
20th July 2018 From India, Bangalore
Your general question on strike / go slow situation has to be handled depending on existing situation prevailing inside the Shop floor and the influence of external trade union if any. My experience i had was, handling a strike / go slow situation depends on how you handles the situation calmly, and may not be same for next time or may not be a successful procedure in another plant if such a situation arises.
Whereas Sections under which Strike becomes illegal by Industrial Disputes Act-1947 is quoted below:
Section 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 Labor 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 l0A; 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.
Section 20. Commencement and conclusion of proceedings
(1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be.
20th July 2018 From India, Madras
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