Respected Seniors,
In one mine, the workers, without giving any notice during working hours, resorted to a strike against the behavior of their superior. Furthermore, this was not brought to the knowledge of the union, but the union remained silent. In order to call off the strike, the middle management tried with their due effort. In this connection, I would like to be informed of what type of disciplinary action can be initiated against the workers who were leading the team.
With regards,
S.M. PATTANAIK
From India, Calcutta
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In one mine, the workers, without giving any notice during working hours, resorted to a strike against the behavior of their superior. Furthermore, this was not brought to the knowledge of the union, but the union remained silent. In order to call off the strike, the middle management tried with their due effort. In this connection, I would like to be informed of what type of disciplinary action can be initiated against the workers who were leading the team.
With regards,
S.M. PATTANAIK
From India, Calcutta
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Illegal Strike Procedures and Consequences
First, it's illegal to go on strike without following the proper procedures. If an illegal strike is initiated, a show-cause notice will be issued, highlighting the violation. Upon receiving the cause, and if the explanation provided is found unsatisfactory, an inquiry will be conducted by a third party. The inquiry will provide recommendations for further action. If the recommendations are not satisfactory, suspension may be considered.
To understand the process better, you can refer to the Industrial Disputes Act and the disciplinary action procedures.
Please let me know if you need further clarification or assistance.
From India, Ahmadabad
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76First, it's illegal to go on strike without following the proper procedures. If an illegal strike is initiated, a show-cause notice will be issued, highlighting the violation. Upon receiving the cause, and if the explanation provided is found unsatisfactory, an inquiry will be conducted by a third party. The inquiry will provide recommendations for further action. If the recommendations are not satisfactory, suspension may be considered.
To understand the process better, you can refer to the Industrial Disputes Act and the disciplinary action procedures.
Please let me know if you need further clarification or assistance.
From India, Ahmadabad
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Sir, It is accepted but it is a lengthy process what is the immediate procedure to be followed to put pressure for action/negotiation Thanks and regards S.M.PATTANAIK
From India, Calcutta
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From India, Calcutta
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Handling Strikes in Public Utility Services
Usually, mines are declared Public Utility Services under Schedule I of the Industrial Disputes Act, 1947; therefore, the workmen are required to give six weeks' notice of a strike. Please ensure that your mine is declared a Public Utility Service under Section 2(n) of the Industrial Disputes Act. If so, the strike becomes illegal since the workmen did not give any notice.
You can initiate disciplinary action under your standing orders against delinquent workmen by issuing a charge sheet that shall specify details of the misconduct and call for their explanation as to why the management should not proceed ahead as per the standing orders. If their explanation is satisfactory, you may close the matter. If it is not satisfactory, you can proceed with conducting a domestic enquiry by appointing an Enquiry Officer and a Presenting Officer. If the findings of the enquiry hold them guilty of the misconduct, you can pass an appropriate order of penalty. Besides, you can deduct wages on a no-work-no-pay basis for the period the workmen were on strike.
Regards,
B. Saikumar
Mumbai
From India, Mumbai
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Usually, mines are declared Public Utility Services under Schedule I of the Industrial Disputes Act, 1947; therefore, the workmen are required to give six weeks' notice of a strike. Please ensure that your mine is declared a Public Utility Service under Section 2(n) of the Industrial Disputes Act. If so, the strike becomes illegal since the workmen did not give any notice.
You can initiate disciplinary action under your standing orders against delinquent workmen by issuing a charge sheet that shall specify details of the misconduct and call for their explanation as to why the management should not proceed ahead as per the standing orders. If their explanation is satisfactory, you may close the matter. If it is not satisfactory, you can proceed with conducting a domestic enquiry by appointing an Enquiry Officer and a Presenting Officer. If the findings of the enquiry hold them guilty of the misconduct, you can pass an appropriate order of penalty. Besides, you can deduct wages on a no-work-no-pay basis for the period the workmen were on strike.
Regards,
B. Saikumar
Mumbai
From India, Mumbai
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Thank you for your valuable reply. I wanted to inform you that our mines have not been declared a Public Utility Service by the Government of India. To exert pressure, I am considering implementing the procedure of "SUBMIRALE-TERMINATION," which has been utilized in the NICCO-GROUP OF INDUSTRIES, CHHATISGARH. This action can be reversed later if necessary. Could you please confirm if my approach is correct?
I appreciate your guidance on this matter.
Thanks and regards,
S.M. PATTANAIK
From India, Calcutta
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I appreciate your guidance on this matter.
Thanks and regards,
S.M. PATTANAIK
From India, Calcutta
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Arbitrary Termination and Industrial Law
No court will uphold an arbitrary termination of workmen for alleged misconduct. The kind of termination to which you have referred is not known to exist in industrial law. Since you have stated that your mine is not declared as a public utility service, then on what basis is the strike illegal? If it is not illegal, how can you proceed with disciplinary action against them, let alone resorting to "Submarine-termination"? In my view, the issues may get complicated.
Regards,
B. Saikumar
Mumbai
From India, Mumbai
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No court will uphold an arbitrary termination of workmen for alleged misconduct. The kind of termination to which you have referred is not known to exist in industrial law. Since you have stated that your mine is not declared as a public utility service, then on what basis is the strike illegal? If it is not illegal, how can you proceed with disciplinary action against them, let alone resorting to "Submarine-termination"? In my view, the issues may get complicated.
Regards,
B. Saikumar
Mumbai
From India, Mumbai
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Industrial Dispute Act.ppt
Online proforma for raising industrial dispute under ID Act 18.7.2017.pdf