Is There a Notice Period for Strikes in Non-Public Utility Services? Seeking Clarification

Hi,

I need clarification on the notice period for a strike in non-public utility services. Section 22 talks about the notice period in PUS, but Section 23 does not mention anything about the notice period in an industrial establishment.

So, can the interpretation be taken that there is no need for any notice period in non-PUS (general industrial establishment)? Or is it the same as in PUS?

22. PROHIBITION OF STRIKES AND LOCK-OUTS. - 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 provided, within six weeks before striking;
(b) within fourteen days of giving such notice;
(c) before the specified date of strike in any such notice;
(d) during conciliation proceedings and seven days after their conclusion.

No employer carrying out any public utility service shall lock-out any workmen:

(a) without giving them notice within six weeks before locking-out;
(b) within fourteen days of giving such notice;
(c) before the date of lock-out specified in any such notice;
(d) during conciliation proceedings and seven days after their conclusion.

The notice of lock-out or strike shall not be necessary if there is already a strike or lock-out in the public utility service. The employer must send intimation of such action to the appropriate authority.

23. GENERAL PROHIBITION OF STRIKES AND LOCKOUTS. - No workman employed in any industrial establishment shall go on strike in breach of contract, and no employer shall declare a lock-out:

(a) during conciliation proceedings before a Board and seven days after their conclusion;
(b) during proceedings before a Labour Court, Tribunal, or National Tribunal and two months after their conclusion;
(bb) during arbitration proceedings before an arbitrator and two months after their conclusion;
(c) during the period of a settlement or award in operation.

Please let me know if you need further clarification.

Non-Mandatory Notice Period in Non-Public Utility Services

In non-public utility services, unless standing orders or appointment orders stipulate giving notice, or it is in retaliation for a strike or lockout, there is no mandatory requirement for a notice period.

Regards

Dear Sir,
The reply is not clear on whether any notice is required for going on strike in a non-public utility service or not. Can they go on strike suddenly without giving any information to the management and without providing any chance to the management for discussions to settle their demands?

Kindly clarify.

M S GIRI

Law clearly is for public utility services (PUS). However, the same is seen to be followed by non-PUS. Why? Some expert should shed light on this. Thanks.

Conciliation proceedings in non-public utility service

I just referred to Rule 10 of the Industrial Dispute (Central) Rules, 1957:

"10. Conciliation proceedings in non-public utility service. Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein."

This clearly implies that, as per the Act, no notice is required to be given by a non-PUS establishment.

However, I am informed that a clause is generally introduced in the Model Standing Order that such notice should be given to the employer before a strike or to employees before a lock-out. Hence, a practice of notice is prevalent in non-PSU.

Experts may please comment on the above.

Applicability of Time Windows Under Law

The above time windows under the law are applicable only to Public Utility Services (PUS) and not for non-PUS unless it is provided for in the standing orders of the company or any agreement between the employer and employees. If it is not specified, employees can go on 'strike' at any time. However, to justify a strike or lock-out, it is necessary to prove that all efforts have been made to negotiate on the grievances of workers or the employer. In the absence of such efforts, an appeal to authorities or court can be made to declare the strike or lock-out as illegal. Hence, to justify a strike or lock-out, a notice of an appropriate period is necessary during which proofs of efforts to resolve the grievances can be generated.

Above discussion needs to be commented on or verified by experts.