Is It Fair to Dismiss an Employee for Starting an Illegal Strike Without Notice?

Dear Sirs, Is the dismissal order of an employee valid if he launches an illegal strike without any prior intimation to the management by inciting other coworkers in a "Public Utility Service" company? Regards

These very brief details are not sufficient to give a considered opinion. If the termination of service follows a departmental inquiry, then prima facie, it is justified. The validity of the inquiry could be challenged in a court of law. If no inquiry was done, then you can challenge on that count.

Give more details to examine the matter in-depth.

Dear Sir, The worker was dismissed only after conducting a domestic inquiry and observing all the principles of natural justice. Now, please tell me whether the dismissal orders are justified or not.

Regards

Yes, this dismissal can be justified. When challenged in court, try to present the loss caused to the company, both direct and indirect. The leadership role played by the dismissed worker has to be portrayed before the court. Leading an illegal strike is an unpardonable misconduct. You have a strong case.

Dear Khaleel,

Although our expert professional KK!HR has given valuable advice, there appears to be a lack of details regarding the background of the strike, which you have deemed illegal and subsequently led to the dismissal of the employee. You have not indicated whether the employee in question was an office bearer of the union or if the union is officially recognized. It is unlikely that any union would initiate a lightning strike without first submitting their demands in writing. Typically, a demand letter includes a notice clause. However, there are circumstances where a strike may be justified without a specific notice of strike being served. The departmental inquiry may have deficiencies in procedure, and the findings of the Inquiry Officer could lack a proper evaluation of the evidence on record. The Disciplinary Authority must issue a detailed order and provide reasons to justify the dismissal of the employee. Therefore, this case has the potential for review either through an appeal by the employee or initiated by the Disciplinary Authority.

Regards,
Chandra Mani Lal Srivastava
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]

Mr. Khaleel,

In principle, termination done as per the rules of the ID Act, while also observing the principles of natural justice, is considered valid. However, when a case goes to court, matters are viewed from different angles, including constitutional rights. Staging a strike without notice in a Public Utility company is a gross misconduct. Workmen involved in such an illegal strike deserve to be punished by the management.

Suspension or termination are the obvious actions against workmen considering the gravity of the misconduct. It is important to note that the punishment should be in accordance with the "Standing Orders." Terminating workmen can be deemed illegal if they fall under the "Protected" category. Now is the time for the management to take appropriate action and strongly defend its position in court.