Hi All
I work in a steel making industry and here the production goes on 24/7 with workmen working in shifts.My question is that do the workmen have the right to protest/demonstrate during working hours in the plant premises. Naturally the production will get hampered.
How can we stop going them for protests/demonstration during the production schedule after all the negotiations have been done.The trade union culture is very strong here.
I am aware of the provisions mentioned in the industrial dispute act prohibiting strikes.
Kindly enlighten me on this apart from the provisions mentioned in the act and if you know any of the court case/judgement related to that.
Tnaks in advance
From India, Delhi
I work in a steel making industry and here the production goes on 24/7 with workmen working in shifts.My question is that do the workmen have the right to protest/demonstrate during working hours in the plant premises. Naturally the production will get hampered.
How can we stop going them for protests/demonstration during the production schedule after all the negotiations have been done.The trade union culture is very strong here.
I am aware of the provisions mentioned in the industrial dispute act prohibiting strikes.
Kindly enlighten me on this apart from the provisions mentioned in the act and if you know any of the court case/judgement related to that.
Tnaks in advance
From India, Delhi
Dear ricky215,
No trade union does have any right to demonstrate /protest during working hours if anyone does the same then proportionate salary has to be deducted from their salaries.
As you are in Steel Making Industry you seems to be from PSU; Schedule I of ID Act if yes unless due procedure regarding strike is completed any such protest will be deemed as Illegal Strike. And emplyer is authorized to deduct proportionate salary from wages of workmen alongwith liberty to proceed for domestic enquiries.
From India, Pune
467No trade union does have any right to demonstrate /protest during working hours if anyone does the same then proportionate salary has to be deducted from their salaries.
As you are in Steel Making Industry you seems to be from PSU; Schedule I of ID Act if yes unless due procedure regarding strike is completed any such protest will be deemed as Illegal Strike. And emplyer is authorized to deduct proportionate salary from wages of workmen alongwith liberty to proceed for domestic enquiries.
From India, Pune
In this case, if the workers leave the shop floor for the purpose of demonstrations resulting in loss of production, get report from the concerned shop floor supervisor and from the security at the gate, if the demonstration is done outside the gate. If it is done inside the shop floor, the basic report from the supervisor supported by other superiors like production in charge, etc are essential. Based on the reports a general notice advising the workers not to indulge in demonstrations during working hours and it is liable for deduction of wages not only for the working hours / production lost, but also as viewed as a sudden cat call strike, violating CSO and indulgence of which shall be punishable with deduction of 8 days wages. (Pl check the CSO of your organisation) If the number of persons involved in the demonstrations is less, then individual advice/ warning letters may be issued to those persons instead of general notice. If it is a recognised Union, then the union should also be served a letter asto why the above is not to be done.
From India, Selam
From India, Selam
Dear ricky215,
These are the most difficult situations where any specific answers can be provided. I have read the suggestions made by Mr. Ingawale and Mr. Venkatraghavan. But sorry to say that I do not agree with their suggestions. They just do not suit to the need of the hour.
If the workers are indulging in the acts of demonstrations, shouting slogan rising etc, your first and immediate task will be to move a Court to seek prohibition on such activities. Due to these prohibitory orders, you can have a police protection also.
Evidence gathering:- You gave to take photographs and gather daily reports of persons participating in the demonstrations. More over you will have to put up notices appealing all workers not to indulge in to such activities and also mentioning of its consequences if these activities are not withdrawn. with copies to LC, FI, Police Station etc.
But what is important in this situation is you must keep dialog with workers. You must keep your doors open for discussions. You must be vigilant and watchful for each and every activity of workers and their plans. Perhaps they may indulge in coercive, threatening or aggressive activities. So a prohibitory order from Court will help to stop such activities.
Adv. K. H. Kulkarni
From India, Kolhapur
These are the most difficult situations where any specific answers can be provided. I have read the suggestions made by Mr. Ingawale and Mr. Venkatraghavan. But sorry to say that I do not agree with their suggestions. They just do not suit to the need of the hour.
If the workers are indulging in the acts of demonstrations, shouting slogan rising etc, your first and immediate task will be to move a Court to seek prohibition on such activities. Due to these prohibitory orders, you can have a police protection also.
Evidence gathering:- You gave to take photographs and gather daily reports of persons participating in the demonstrations. More over you will have to put up notices appealing all workers not to indulge in to such activities and also mentioning of its consequences if these activities are not withdrawn. with copies to LC, FI, Police Station etc.
But what is important in this situation is you must keep dialog with workers. You must keep your doors open for discussions. You must be vigilant and watchful for each and every activity of workers and their plans. Perhaps they may indulge in coercive, threatening or aggressive activities. So a prohibitory order from Court will help to stop such activities.
Adv. K. H. Kulkarni
From India, Kolhapur
Please read the sentence "These are the most difficult situations where any specific answers can not be easily provided."
From India, Kolhapur
From India, Kolhapur
Dear Ricky, The simmering protest and the defiant attitude of the workers to leave the workplace is an ominous sign. It is time to take it very seriously and take decisive action. It is reported by you that all negotiations have been done, so peace must return. Probably what has been settled is not agreeable to the agitationists. Are they significant in number? Is there settlement reached with the unions during conciliation or you have entered into bilateral agreement? Whereas a bilateral agreement is binding on the parties to the agreement the conciliation settlement is binding on all.
In the background of the matter, you may have to pursue multiple options: 1.Call the representatives of the agitators and discuss their grievances. Show your genuine concern to resolve all the matters. 2. Bring the Labour department into the picture. Let the matter be discussed in the presence of the Labour authorities.3. Post notice stating that illegal strike is happening and the management will be compelled to take action accordingly including deduction of wages as per Payment of Wages Act (Proviso to Section 9 but this is subject to the Rules applicable to your industry, so check that) 4. In second step, take disciplinary action against second rung leaders. If we act against first level leaders, they want to be the martyers and we would make them, but second level has lot more vulnerabilities
Since you are a process industry 24 hours work is needed and any shortfall therein is a loss. So looking to all the factors please pursue a multi-pronged strategy. I won't advise an entirely legal approach in the matter.
KK
From India, Bhopal
In the background of the matter, you may have to pursue multiple options: 1.Call the representatives of the agitators and discuss their grievances. Show your genuine concern to resolve all the matters. 2. Bring the Labour department into the picture. Let the matter be discussed in the presence of the Labour authorities.3. Post notice stating that illegal strike is happening and the management will be compelled to take action accordingly including deduction of wages as per Payment of Wages Act (Proviso to Section 9 but this is subject to the Rules applicable to your industry, so check that) 4. In second step, take disciplinary action against second rung leaders. If we act against first level leaders, they want to be the martyers and we would make them, but second level has lot more vulnerabilities
Since you are a process industry 24 hours work is needed and any shortfall therein is a loss. So looking to all the factors please pursue a multi-pronged strategy. I won't advise an entirely legal approach in the matter.
KK
From India, Bhopal
Dear All,
Interesting discussions isn't it?
It happens quite often in manufacturing industies perticularly in continuous process industries.There is hardly anything left to be mentioned after above suggestions and advices have been put forth.
However, I would like to add that we need to understand that like any relationship, Industrial Relations is also a result of actions and interactions between employer and employees(union) based on their rights and responsibilities. Whenever, any of the parties transgresses the mutually agreed do's and don'td or state made laws regulating their relationships,there is an Industrial Relations issue. The affected party has a liberty to proceed against the other.
In this case, workers who agitated during working hours have actually resorted to an illegal strike, resulting into monitory and non monitory losses to the employer. This could be because
1) The workers are not aware of consequences.
2) In the past, management didnt take actions against such erring workers hence there has been a behabioural reinforcement.
3) workers have support of influencial TU leaders.
4) workers dont bother for the consequences.
In my considered opinion such behaviour is a serious misconduct and needs to be nibbed by taking appropriate action right in the begining.
Following actions are suggested:
1) Deduction of wages for absence from duty as per section 9 the payment of wages Act,1936, which provides for deduction of wages not exceeding wages upto 8 days.
2) If the agitation was resorted to under the banner of union, necessary actions as per Sec. 25U of the ID Act,1947.
3) Proceed for derecognition of union as per ID Act and rules thereunder.
4) Immediate initiation of disciplinary actions against each worker having participated in the illegal strike.
5) proceed to get the said industrial action of the workers declared as illegal from the court.
From India, Pune
Interesting discussions isn't it?
It happens quite often in manufacturing industies perticularly in continuous process industries.There is hardly anything left to be mentioned after above suggestions and advices have been put forth.
However, I would like to add that we need to understand that like any relationship, Industrial Relations is also a result of actions and interactions between employer and employees(union) based on their rights and responsibilities. Whenever, any of the parties transgresses the mutually agreed do's and don'td or state made laws regulating their relationships,there is an Industrial Relations issue. The affected party has a liberty to proceed against the other.
In this case, workers who agitated during working hours have actually resorted to an illegal strike, resulting into monitory and non monitory losses to the employer. This could be because
1) The workers are not aware of consequences.
2) In the past, management didnt take actions against such erring workers hence there has been a behabioural reinforcement.
3) workers have support of influencial TU leaders.
4) workers dont bother for the consequences.
In my considered opinion such behaviour is a serious misconduct and needs to be nibbed by taking appropriate action right in the begining.
Following actions are suggested:
1) Deduction of wages for absence from duty as per section 9 the payment of wages Act,1936, which provides for deduction of wages not exceeding wages upto 8 days.
2) If the agitation was resorted to under the banner of union, necessary actions as per Sec. 25U of the ID Act,1947.
3) Proceed for derecognition of union as per ID Act and rules thereunder.
4) Immediate initiation of disciplinary actions against each worker having participated in the illegal strike.
5) proceed to get the said industrial action of the workers declared as illegal from the court.
From India, Pune
Dear Ricky,
I am in agreement with the advice of Mr Jha.
Strong action is warranted in the given situation. Please also issue advisory notice to workmen about their joining the agitation and consequences arising out of it.
Since in the past, in a similar situation, no action was taken by the management, your strict action may culminate into the major IR situation for which your management should be ready. Please keep the local labour department in confidence while initiating action.
S.K.Johri
From India, Delhi
I am in agreement with the advice of Mr Jha.
Strong action is warranted in the given situation. Please also issue advisory notice to workmen about their joining the agitation and consequences arising out of it.
Since in the past, in a similar situation, no action was taken by the management, your strict action may culminate into the major IR situation for which your management should be ready. Please keep the local labour department in confidence while initiating action.
S.K.Johri
From India, Delhi
Demonstartion & Dharnas per se are not always acts of "MIsconduct". If its a "peaceful demonstration", albeit with slogan shouting for their demands, even within the company premises which "does not cause inconvenience to the working of the company or its customers or does not disturb the peace or against the interest of the sovereignity or integrity of the country", then it cannot be classified in the same class as other forms of demonstrations and hence legal under the fundamental rights guaranteed under Article 19(1)(a) and 19(1)(b) of the Constitution of India.
In the case "D.Thomas Franco Rajendra Dev vs The Disciplinary Authority", the Apex Court had this to say : " ......this Court on the holding of a demonstration inside the campus, we hold that a mere demonstration held, per se, thus cannot be understood as a mark of misconduct under the Rules. ....................... we fail to understand how the demonstration held by the Officer would come as in conflict with Rule 50(4), 50(5) and 50(6) to become "misconduct" under Rule 64, inviting disciplinary action. In the context of the view that we have taken, there being absolutely no material to the alleged misconduct to fit in with the decision reported in AIR 1984 SC 1361 (A.L.Kalra V. The Project and Equipment Corporation of India Ltd.), we have no hesitation in allowing the Writ Appeals."
However, if the demonstration leads to manhours lost for the company, the company can take a disciplinary action based on "No work, No Pay" besides other actions.
From India, Purulia
In the case "D.Thomas Franco Rajendra Dev vs The Disciplinary Authority", the Apex Court had this to say : " ......this Court on the holding of a demonstration inside the campus, we hold that a mere demonstration held, per se, thus cannot be understood as a mark of misconduct under the Rules. ....................... we fail to understand how the demonstration held by the Officer would come as in conflict with Rule 50(4), 50(5) and 50(6) to become "misconduct" under Rule 64, inviting disciplinary action. In the context of the view that we have taken, there being absolutely no material to the alleged misconduct to fit in with the decision reported in AIR 1984 SC 1361 (A.L.Kalra V. The Project and Equipment Corporation of India Ltd.), we have no hesitation in allowing the Writ Appeals."
However, if the demonstration leads to manhours lost for the company, the company can take a disciplinary action based on "No work, No Pay" besides other actions.
From India, Purulia
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