Dear Vrushy,
No doubt all Industrial establishment in India comes under purview of Industrial Disputes Act 1947. No doubt all such disputes are supposed to be resolved under this act.
Before jumping to any conclusion, you are supposed to examine the following issues.
1. Do you have a case to call the strike as illegal ?
2. Whether the issue related to the strike is not acceptable or cannot be resolved.
3. Whether the Management is so adamant to call the strike as illegal ?
4. Whether the employees are working on Contract or permanent basis ?
5. Whether your industry is having separate service/Disciplinary rules ?
If you and your Management is so keen in termination , by declaring the strike as illegal, nothing forbids the management to declare the strike as illegal and terminate the employees as per law. But the as HR manager, onus lies on you to bear the after effects of prolonged legal battle, settlements through Labour courts and also Civil courts. This will be long drawn process.
Secondly,
As HR Manager you should think of the Social Responsibility also. By terminating the Striking employees, you will be robbing their lively hood. Will it be a right step to punish.What will happen to their future life? Termination means it is punishment for indiscipline, therefore terminated employees may not be eligible for any gratuity. They will get only PF savings.
If the Management is not interested to keep the litigants and interested to replace the litigant veterans, this can be done, by inviting them to reconciliation and giving them a warm shake hands: this may leads to paying some compensation for loss of job and also saving the man hour loss. By doing so, Management can save its face, stabilize its production, it can rework its production strategy, it can employ
fresh young lab our or it can get its work done through private players.
Third option
is to examine the issue in calm and transparent manner, so that disputes can be resolved peacefully. This increases the morale of the workmen.Please remember that your Industry has earned every pie, because of the workers.Therefore their contribution cannot be ignored, even though they are rough,litigants, as owner we have to pardon them and take back them to work.
I hope you may agree with my suggestions
SPKR
18.9.13
No doubt all Industrial establishment in India comes under purview of Industrial Disputes Act 1947. No doubt all such disputes are supposed to be resolved under this act.
Before jumping to any conclusion, you are supposed to examine the following issues.
1. Do you have a case to call the strike as illegal ?
2. Whether the issue related to the strike is not acceptable or cannot be resolved.
3. Whether the Management is so adamant to call the strike as illegal ?
4. Whether the employees are working on Contract or permanent basis ?
5. Whether your industry is having separate service/Disciplinary rules ?
If you and your Management is so keen in termination , by declaring the strike as illegal, nothing forbids the management to declare the strike as illegal and terminate the employees as per law. But the as HR manager, onus lies on you to bear the after effects of prolonged legal battle, settlements through Labour courts and also Civil courts. This will be long drawn process.
Secondly,
As HR Manager you should think of the Social Responsibility also. By terminating the Striking employees, you will be robbing their lively hood. Will it be a right step to punish.What will happen to their future life? Termination means it is punishment for indiscipline, therefore terminated employees may not be eligible for any gratuity. They will get only PF savings.
If the Management is not interested to keep the litigants and interested to replace the litigant veterans, this can be done, by inviting them to reconciliation and giving them a warm shake hands: this may leads to paying some compensation for loss of job and also saving the man hour loss. By doing so, Management can save its face, stabilize its production, it can rework its production strategy, it can employ
fresh young lab our or it can get its work done through private players.
Third option
is to examine the issue in calm and transparent manner, so that disputes can be resolved peacefully. This increases the morale of the workmen.Please remember that your Industry has earned every pie, because of the workers.Therefore their contribution cannot be ignored, even though they are rough,litigants, as owner we have to pardon them and take back them to work.
I hope you may agree with my suggestions
SPKR
18.9.13