Can the High Court Ban the All India Labour Strike?
Whether the High Court can ban this All India labour strike, at least for government servants whose duty is to serve and protect the people from these types of strikes?
Source: https://www.thehindubusinessline.com...le65252915.ece
From India, New Delhi
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425Whether the High Court can ban this All India labour strike, at least for government servants whose duty is to serve and protect the people from these types of strikes?
Source: https://www.thehindubusinessline.com...le65252915.ece
From India, New Delhi
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Strike as a Form of Expression
'Strike' is a peaceful way of expressing grievances by the workmen, as permitted under certain conditions in the laws governing industrial relations and conditions of employment.
The Proposed All India Trade Union Strike
The proposed strike for two days by all India trade unions is just a token strike, conducted only after giving due notice under the provisions of the Industrial Disputes Act, 1947, as well as the applicable standing orders.
Therefore, in my opinion, courts would not come forward to ban such a token strike.
From India, Salem
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'Strike' is a peaceful way of expressing grievances by the workmen, as permitted under certain conditions in the laws governing industrial relations and conditions of employment.
The Proposed All India Trade Union Strike
The proposed strike for two days by all India trade unions is just a token strike, conducted only after giving due notice under the provisions of the Industrial Disputes Act, 1947, as well as the applicable standing orders.
Therefore, in my opinion, courts would not come forward to ban such a token strike.
From India, Salem
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I wish to bring to your notice a very recent development in this regard. The Kerala High Court on Friday restrained five trade unions in the Bharat Petroleum Corporation Limited (BPCL), Kochi, from participating in the nationwide strike on March 28-29. (Case Title: Bharat Petroleum Corporation Ltd v. Cochin Refineries Employees' Association & Ors.)
Trade Unions' Strike Notice
Trade unions representing the workmen employed/engaged in the petitioner's refinery at Ambalamugal have issued strike notices, informing that they are going on strike from 7:00 A.M on 28.3.2022 to 7:00 A.M on 30.3.2022. This is in support of the decision of the National Convention of Workers, organized jointly by the Central Trade Unions and Independent National Federations/Associations, held at Jantar-Mantar, New Delhi on 11.11.2021, against various issues related to decisions made by the Government of India.
Court's Intervention
The petitioner approached the Court seeking an interim order restraining the respondents from resorting to a strike on the said dates or any other day in contravention of Section 22 of the Industrial Disputes Act, 1947. Conciliation proceedings have already been initiated. Since BPCL is a public utility service, the functioning of its various units would be seriously impacted by the strike. It was asserted that although all the conciliation notices, as per Section 22(1), 22(2), and 33 have been referred, the trade unions would not adhere to such direction. Therefore, in case of the pendency of any conciliation proceedings before a conciliation officer, which are concededly pending in view of the strike notices and considering all these circumstances, the High Court of Kerala issued the interim direction restraining the respondents from going on strike as per their call given.
From India, Mumbai
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Trade Unions' Strike Notice
Trade unions representing the workmen employed/engaged in the petitioner's refinery at Ambalamugal have issued strike notices, informing that they are going on strike from 7:00 A.M on 28.3.2022 to 7:00 A.M on 30.3.2022. This is in support of the decision of the National Convention of Workers, organized jointly by the Central Trade Unions and Independent National Federations/Associations, held at Jantar-Mantar, New Delhi on 11.11.2021, against various issues related to decisions made by the Government of India.
Court's Intervention
The petitioner approached the Court seeking an interim order restraining the respondents from resorting to a strike on the said dates or any other day in contravention of Section 22 of the Industrial Disputes Act, 1947. Conciliation proceedings have already been initiated. Since BPCL is a public utility service, the functioning of its various units would be seriously impacted by the strike. It was asserted that although all the conciliation notices, as per Section 22(1), 22(2), and 33 have been referred, the trade unions would not adhere to such direction. Therefore, in case of the pendency of any conciliation proceedings before a conciliation officer, which are concededly pending in view of the strike notices and considering all these circumstances, the High Court of Kerala issued the interim direction restraining the respondents from going on strike as per their call given.
From India, Mumbai
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