Action against illegal strike from the company - what will be our response to the union and the workers?

R/Saswath sir,

We have negotiated with the union siting across the table and come on the conclusion for the hike in their wages for the five years with certain amount of lumsum hike taking into consideration of this pandemic and the last wage settlement and financial condition of the company.we have negotiated with the union and hike of the certain amount including the all the statutory contribution of employers part,and It was almost negotiated with the union but one day they certainly come to the office and denying the condition of negotiation (at that time the agreement was not signed) and call the strike without giving the intimation,

They was denying the statutory part of the employers will not be a part of Lumsum hike which we discussed during the meeting.

Regards
Ravi B.

What you are telling us now is completely different from what you put in the Original Post

Such things will create a problem as members will give you wrong advice...

Dear CiteHR member Shri Ravi ji,

I certainly agree with Mr Saswata Banerjee that posting a query with incomplete facts or not giving correct position of a particular situation is inappropriate as you will not get adequate and relevant opinion.

2. Even now it is not clear as to what action has been taken by your Management when so many days have passed.

3. A written notice should be issued / pasted on the notice board about the financial health of the company and demand of the Union. It should be intimated that strike without notice is illegal, and sudden stoppage of work will cause financial loss to the Company and result in non-acceptance of demand of the Union. The workers should be advised to return on duty failing which their services would be terminated. It should also be indicated that Management is open for discussion on the demand and will consider the interest of workers to the best according to availability of funds.

4. Copy of the notice should be given to the Labour Dept. and local police for information.

5. What were the previous conditions of last agreement with the Union? These also need to be reviewed.

It is requested to all CiteHR members that full details of circumstances alongwith action taken so far should invariably be indicated in the thread to enable the Contributing Experts to offer correct opinion as far as possible.

With best wishes and regards to all Experts,
Chandra Mani Lal Srivastava
Master Consultant 9315516083
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New Delhi/24.01.2022/8:27 am

,Dear colleagues,

This poster Mr Ravi Belhe, does not seem to give full/ true facts of the IR issues being faced by him and has now come out with another story not fully disclosed earlier. Reasons for not giving full facts right at the start are best known to him.

I don't believe this person is reliable and deserves any free advice.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

Dear Ravi,

I have been closely following the thread from the very beginning and I would appreciate the suggestions given by our members to effectively handle the situation despite the lack of establishment-related particulars and the factual contradictions found in your posts. In this regard, I am in complete agreement with the views of M/S Saswata Banerjee and C.M.L.Srivastava.

In respect of any consequential dead-lock resulting in a strike arising out of a partly negotiated bilateral settlement on charter of demands, the query seeking clarification should contain the following particulars without fail:
1) The type of industry
2) Whether it is a public utility service
3) Total no of people employed under the category of 'workman'
4) Number of trade unions functioning in the industry
5) Whether the union recognition was under the Code of Discipline/ any specific Law in force or just as per the discretion of the management based on majority membership.
6) Whether the management follows the practice of converting the bilateral settlement into a tripartite settlement u/s 12(3) of the ID Act,1947?
7) Whether the current bilateral negotiations were started without delay on the expiry of the previous settlement

From your last post, it is discernible that the bilateral negotiations were not concluded amicably which is the reason for the union's sudden strike move.

As pointed out earlier by others, if yours is a public utility service, a notice of strike u/s 22 and if not, u/s 23 of the ID Act is mandatory. Otherwise the strike would be deemed as illegal.
In any case, it is the duty of the management to inform the conciliation officer for the area within 24 hours of the strike.
The conciliation officer would commence his conciliatory talks immediately inviting all the parties concerned. He would certainly advise the workmen to call off the strike in view of his conciliation.
The management has to participate in the talks without fail. They can appraise the officer of their stand on the issues and facilitate an amicable settlement by relaxing their earlier stand to the possible extent. But, the management should not insist on signing the settlement with the recognized union only. If the terms are agreeable, the unrecognized union would also be permitted by the conciliation officer to participate in the talks and sign the settlement reached in his presence.