Can We Suspend Workers During an Ongoing Strike Inquiry? Seeking Advice on Legal Grounds

We have observed some ambiguity in the registration of a trade union in our organization. The formation of this trade union was not even informed to the management. So, we have taken up the case with the Labor Department for an amicable solution.

While this is pending with the Labor Department, the workers went on an illegal strike without prior notice, seeking management to enter into negotiations on various demands. Somehow, we have brought the situation to normalcy by assuring to go for negotiations with the union.

During this strike, we have seen unfair labor practices on the part of striking workmen. Additionally, they have issued a fresh notice to go on strike if the talks fail. This matter is still under the Labor Department.

All I wanted to know is whether we can order for suspension pending inquiry for the striking workmen on the above-mentioned grounds.

Regards,
Ranga

Misconduct During Conciliation

Striking when the dispute is under conciliation itself is misconduct, on the grounds of which the management can initiate disciplinary action against those involved. Moreover, giving another letter of strike in anticipation of the failure of talks is another misconduct that can be framed as "not showing confidence in the management's actions when an outsider, such as a statutory conciliation officer (Labour Officer), is involved." However, since the matter is with a settlement authority, it is always advisable to seek approval from the Conciliation Officer before proceeding with a suspension.

Regards,
Madhu.T.K

You have not mentioned whether your industry is notified as "Public Utility Services." I assume it is not. In this case, the notice for a strike is not mandatory (U.P. State Bridge Corp. Ltd. v. U.P. Rajya Setu Nigam Sa Karamchari Sangh, (2004) 4 SCC 268.). If the dispute related to which the strike has been observed has been admitted for conciliation proceedings by the conciliation officer before the commencement of the strike, then according to Section 23, the strike will be called an illegal strike and will attract a penalty as per Section 26.

The suspension shall be in accordance with the Standing Orders applicable to you. I advise you to understand the sequence of events technically and then proceed; otherwise, the action of suspension may end as futile. Please note that the action of discharge or dismissal for taking part in a strike may also amount to unfair labor practice on the part of management if it is not an illegal strike.

Regards,
Shailesh Parikh

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