Termination Of Employee Who Is On Illegal Strike

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

Dear SPKR,
I appreciate the detailed overview you have expressed. It shows your depth in IR matters. Good. The only thing I would like to differ on is that Gratuity will not be forfeited in case of termination on a/c of illegal strike. Only the period of strike will be deducted from the total tenure of service rendered. Gratuity can be forfeited only in case of termination on grounds of moral turpitude. Hope you and all others will agree. Correct me if I am wrong please.
AK Jain
HR Personnel
NCL, CIL.

Hello SPKR
You have given a direction relevant to the issue. I too am on the same page with you that a strike situation shall be dealt with from IR angle and solutions to be found within the four corners of IR like negotiation rather than from the disciplinary angle or legal angle which may compound the issue.They may be the last resort.Furher, the mangement is not the competent authority to dub a strike legal or illegal and the legal validity itself is a legal issue, involving much legal wrangling.That's why I said in my post that it is a very slippery path and the employer needs to put each step carefully.
B.Saikumar

Right Said, you should follow the procedure of domestic inquiry before terminating employee.

Dear All,
Sai Kumar has stated the provisons of law/procedure following princilpes of natural justice before termination. Before dismissing, the provisons of Section 33 of Industrail Dsputes Act 1947 needs to be reffered as the case may attract approval/permission.
As the case may be, if any provisons attract section 33 and dismissal is not followed the required provisons,the termination be illegal.
M.N.Sahu
GM(HR)

Dear All,
90% of the workmen around 50 of a factory in Karnataka are on illegal strike and sitting inside the factory for last 8 days by not doing any work. 13 of them are dismissed and illegal strike continues. The management is functional by having an injunction order from Civil court by only 10% of workmen with few contract workmen are working. How do we legally evict this workmen? The factory is functional on Model standing orders. Excluding the principal of “No work and no pay” and disciplinary action, how to put them out legally if they don’t leave? Management is not willing to recognize the Union or discuss with them and without Union, things should move forward. Please share your expertise. If any of you desire to discuss privately you may call me on 9916138191 (Bangalore) or mail me at [Login to view].