Union Strikes and Legal Challenges: How to Handle Employee Absence and Rehiring Demands?

Union Formation and Strike Impact

We have about 21 employees who are trying to form a union. These 21 people have been on strike for the last 5 months. We received a letter from the government requesting us to allow them to return to work. However, we have lost all major orders and have been harassed to the point where all the non-union members have left.

Return to Work Issues

They were supposed to return to work on June 1. Two people did not show up; one person reported after 5 days, and we accepted him. The other person, despite multiple attempts to contact him, did not report for duty. After two weeks, we terminated his services due to abandonment of duties.

Union Demands and Legal Concerns

Now, he received a letter from the union demanding that we rehire him or face legal consequences under the Industrial Disputes Act 33 1 b.

Operational and Financial Impact

How can he decide when to resume work? Due to his absence, one machine remained idle for 2 weeks, resulting in a daily loss of 14,000 INR, totaling 1,68,000 INR.

Can anyone provide assistance?

Dear Shah, May I presume that your query relates to the work stoppage of your unit situated in India?

Right to Form a Union

Forming an employees' union is a fundamental right in India. I think that the problem would have escalated to the level of a strike by all the 21 employees in the establishment because of the indirect protest shown and the actions to scuttle the efforts against the union formation by the management. Agitation by employees en masse is a symptom of constant discontentment, and the formation of a trade union is a natural sequence and consequence as well.

Government Intervention

You haven't mentioned under what circumstances the Government issued the letter to allow the striking employees to resume work. Is it out of conciliatory talks conducted by any Labor Officer/ALC/DLC of the State Labor Dept or any Revenue Dept Official like Tahsildhar/Sub-Collector/Dt Collector?

Conciliation Officer's Role

If it is an interim advice given by the Conciliation Officer appointed under the Industrial Disputes Act, 1947, while the main issues are still pending conciliation before him, the employer cannot punish any employee for any misconduct connected with the pending dispute by way of dismissal without the prior permission of the Conciliation Officer as per sec. 33(1)(b) or in respect of any misconduct not connected with the dispute, the employer has to seek the C.O's approval as per sec. 33(2)(b) of the Act, respectively.

Dismissal Procedures

That apart, the employer cannot straight away dismiss an employee for the misconduct of abandonment of services without observing the due process of law like framing charges, conducting a domestic enquiry, and the like. If he does so, the order of dismissal would be set aside in Judicial Review later as illegal resulting in reinstatement with back wages and continuity of service.

Therefore, tread cautiously and make amends accordingly in the interest of amicable industrial relations in the long run.