PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Use factoHR and automate your HR processes
Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.
umakanthan53'Strike' is a peaceful way of expression against grievances by the workmen as permitted subject to certain conditions in the Laws governing Industrial Relations and conditions of employment.
The proposed strike for two days by the all India trade unions is just a token strike only after giving due notice under the provisions of the Industrial Disputes Act,1947 as well as the standing orders applicable.
Therefore, in my opinion, Courts would not come forward to ban such token strike.
From India, Salem
kumaracme»»»»»»»»»»» Thanks for your insights sir.««««««««««««
From India, New Delhi
KK!HRI wish to bring to your notice a very recent development in this regard.
The Kerala High Court on Friday restrained five trade unions in the Bharat Petroleum Corporation Limited (BPCL), Kochi, from participating in the nationwide strike on March 28-29. (Case Title: Bharat Petroleum Corporation Ltd v. Cochin Refineries Employee's Association & Ors.)
Trade Unions representing the workmen employed/engaged in the petitioner's Refinery at Ambalamugal and have issued strike notices informing that they are going on strike from 7.00 A.M on 28.3.2022 to 7.00 A.M on 30.3.2022 in support of the decision of the National Convention of Workers organized jointly by the Central Trade Unions and Independent National Federations/Associations held at Jantar-Mantar, New Delhi on 11.11.2021, against the various issues related to decisions made by the Government of India. The petitioner approached the Court seeking an interim order restraining the respondents from resorting to strike on the said dates or any other day in contravention of Section 22 of the Industrial Disputes Act,1947. Already conciliation proceedings have been initiated. Since BPCL is a public utility service, the functioning of its various units would be seriously impacted by the strike. It was asserted that although all the conciliation notices, as per Section 22(1), 22(2) and 33 have been referred, the trade unions would not adhere to such direction. Therefore in case of pendency of any conciliation proceedings before a conciliation officer, which are concededly pending in view of the strike notices and considering all these circumstances, the High Court of Kerala issued the interim direction restraining the respondents from going on strike as per their call given.
From India, Mumbai