Trade Union - Labour Laws

Please help me.................

if any workers union can they go any kind of strike without taking prior permission from the Labour Office.And thet have just given 14 days prior intimation to the management and thet didnt take permission from the labour office.IS THIS VALID STRIKE UNDER THE LABOUR LAWS

Dear Pavani,
You must be knowing that the matter of strikes & lock outs is dealt in under the Industrial Disputes Act, 1947. Notice of strike is required to be given by the workmen/union in case of utility services.For more details you may go through chapter V of the Industrial Disputes Act which deals in strikes & lock outs.
Regards,
R.N.Khola

Dear Pavani

Any worker or Union may not go to the strike or stop the production with out giving notice to the employer earlier. This has been clearly explained in the Industrial Dispute act in the Chapter V Sec 22.

22. Prohibition of strikes and lock-outs -

(1) No person employed in a public utility service shall go on strike, in breach of contract

(a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or
(b) within fourteen days of giving such notice ; or

(c) before the expiry of the date of strike specified in any such notice as
aforesaid; or

(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
(2) No employer carrying on any public utility service shall lock-out any of his workman

(a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or

(b) within fourteen days of giving such notice; or

(c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or

(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

Note: If u have further dought just refer ID rules

Regards
Shan.V

Now my doubt is before going to legal strike .workers union shall they need permission or not form the labout court.

Dear Pavani,
Whether the strike is legal or illegal is only to be decided by the Labour Court -cum- Industrial Tribunal.Union do not have to take any permission from the Labour Court for going on strike.We may call the strike to be justified or un justified.
Opinion submitted as requested.
Regards,
R.N.Khola

Dear
If you are working in HR department, there is nothing wrong in simply reading the Industrial Disputes Act 1947. Section 22 of the Act is dealing with prohibition of strikes or lock outs in Public utility service. Section 23 is dealing with the general prohibition of strikes and lock outs.
There is no justified strike or unjustified strike. Only Legal or Illegal.
KCS Kutty, Chennai