I would like to know if it is legally right to start a second strike if the time given for resolving the issues following the first strike is not yet over. Also, the first strike was called off following interventions by the district collector and local MLA, both of whom have signed the agreement. Now, the labour officer is claiming that as he (labour officer) has not signed it, it is not valid and hence it is alright to start a second strike after giving 2 weeks' notice. We suspect some foul play as the labour officer is known to favor the management. Kindly advise at the earliest as we have already issued the 2nd strike notice and would like to defer it if it is illegal.
From India, Kochi
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From India, Kochi
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Legal Validity of a Second Strike
As per law, the Labour officer's view is correct because, according to the Industrial Disputes Act, it is the Labour officer (or Commissioner, depending upon the case) who is the Conciliation Authority. A settlement arrived at by the intervention of the District Collector and MLA with the Management will not stand. However, it is not necessary that a conciliation should be tripartite. Even in the case of the management only calling for a conciliation (bipartite conciliation), that should be regarded as conciliation and honored by the workmen.
During the pendency of that conciliation, a strike shall be deemed illegal. Therefore, if the Union goes for a strike, it will be declared illegal, stating that talks are already in progress, where the authority to enforce law and order in the District, i.e., the District Collector and the MLA, are involved. It is illegal to strike while conciliation is ongoing to resolve the issues.
Regards,
Madhu.T.K
From India, Kannur
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4535As per law, the Labour officer's view is correct because, according to the Industrial Disputes Act, it is the Labour officer (or Commissioner, depending upon the case) who is the Conciliation Authority. A settlement arrived at by the intervention of the District Collector and MLA with the Management will not stand. However, it is not necessary that a conciliation should be tripartite. Even in the case of the management only calling for a conciliation (bipartite conciliation), that should be regarded as conciliation and honored by the workmen.
During the pendency of that conciliation, a strike shall be deemed illegal. Therefore, if the Union goes for a strike, it will be declared illegal, stating that talks are already in progress, where the authority to enforce law and order in the District, i.e., the District Collector and the MLA, are involved. It is illegal to strike while conciliation is ongoing to resolve the issues.
Regards,
Madhu.T.K
From India, Kannur
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