Can a Strike called by wokers of a Public Utility Service ever be Legal under the Industrial Disputes Act, 1947? If yes when? Please give me feedback. Regards, SC
From India, Thane
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47From India, Thane
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Hi,
I wonder why some posts simply get no replies! I wish I had seen your post earlier.
Under the Industrial Disputes Act of 1947, a Public Utility service can go on a legal strike by giving the stipulated 14 days' notice. So, this right is granted by law. The idea behind the notice is to give the labor department sufficient time to conciliate between the parties in an attempt to resolve the dispute and extinguish the cause for the strike.
However, this rarely happens. Because it is a Public Utility Service and no populist government can afford the ire of its constituency, it rushes in with fiats like declaring the said service to be "essential service" and under the ESMA (Essential Services Maintenance Act), prohibiting the impending strike or banning the strike under the provisions of the ID Act itself while simultaneously referring the dispute to judicial determination.
The public at large may be pleased with such measures, but those poor guys serving in the said Public Utility Service find themselves in an unenviable situation of possessing a right that they are rarely permitted to use!
The answer to your query is, therefore, that the Public Utility Service has a right to go on a Legal strike only on paper. In reality, due to such encroachments described above, they rarely are on a legal strike!!!
Long Live Equality before Law!!!
Regards,
Samvedan
December 20, 2005
From India, Pune
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I wonder why some posts simply get no replies! I wish I had seen your post earlier.
Under the Industrial Disputes Act of 1947, a Public Utility service can go on a legal strike by giving the stipulated 14 days' notice. So, this right is granted by law. The idea behind the notice is to give the labor department sufficient time to conciliate between the parties in an attempt to resolve the dispute and extinguish the cause for the strike.
However, this rarely happens. Because it is a Public Utility Service and no populist government can afford the ire of its constituency, it rushes in with fiats like declaring the said service to be "essential service" and under the ESMA (Essential Services Maintenance Act), prohibiting the impending strike or banning the strike under the provisions of the ID Act itself while simultaneously referring the dispute to judicial determination.
The public at large may be pleased with such measures, but those poor guys serving in the said Public Utility Service find themselves in an unenviable situation of possessing a right that they are rarely permitted to use!
The answer to your query is, therefore, that the Public Utility Service has a right to go on a Legal strike only on paper. In reality, due to such encroachments described above, they rarely are on a legal strike!!!
Long Live Equality before Law!!!
Regards,
Samvedan
December 20, 2005
From India, Pune
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hye Samdev Can u tell me some thing about Strikes, layoff, lockout. can we compensate the workers during these days. In wat way we compensate them. please can u get back Thanks & Regards Reena
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Hi,
In the last post, I only talked about the strikes in a Public Utility Industry. In this post, I will try to be comprehensive about the subject! I will confine to Maharashtra as that is where I work. Different States may have different provisions (though these can't be materially different from each other).
Everyone has a right to strike! Public Utility Industry's right is ferreted as explained in the last post. But all other industries can strike even without notice. (Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act has some overlapping provisions also.)
The terms strike, lock-out, lay-off, retrenchment, and closure are all defined in the Industrial Disputes Act of 1947.
A strike or a lock-out may be legal or illegal. What is important is that not only at imposition but throughout its continuance it must also be justifiable. These actions must be legal and justifiable. When no notice is required to be given, a strike commenced suddenly may be legal at imposition but not necessarily justifiable.
The law does not compel parties per se to necessarily pay for the duration of the action. The party that imposes an action does so on the conviction that its action is legal and justified. Therefore, the aggrieved party has to "claim" wages by calling the strike/lock-out to be illegal and then proving it to be so!
A strike or a lock-out is the last weapon in the hands of the respective parties. When all else fails (collective bargaining, conciliation, etc.), a party may resort to such an action in an effort to force the other party to see things its way and concede its demands.
If the dispute over which the action was initiated, the party may, while settling the main dispute, settle this matter also - one way or the other. Even if matters involving wages for the strike or the lock-out period go to court for judicial determination, the parties are free to continue a dialogue and settle the matter "out of court," but then they will have to obtain an "award in terms of the settlement." This is not very difficult once the court finds the settlement fair and amicable!
Now, look, I think I have said a lot and even scratched the surface. Every question connected with this subject is intertwined with some aspect of law and case law, and therefore the bare act is to be followed carefully.
I would be in a position to help you better if you raise specific questions. For the time being, your question/s have been answered!
Tell me you are satisfied or raise questions till you are!!
Regards,
Samvedan
August 14, 2006
From India, Pune
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In the last post, I only talked about the strikes in a Public Utility Industry. In this post, I will try to be comprehensive about the subject! I will confine to Maharashtra as that is where I work. Different States may have different provisions (though these can't be materially different from each other).
Everyone has a right to strike! Public Utility Industry's right is ferreted as explained in the last post. But all other industries can strike even without notice. (Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act has some overlapping provisions also.)
The terms strike, lock-out, lay-off, retrenchment, and closure are all defined in the Industrial Disputes Act of 1947.
A strike or a lock-out may be legal or illegal. What is important is that not only at imposition but throughout its continuance it must also be justifiable. These actions must be legal and justifiable. When no notice is required to be given, a strike commenced suddenly may be legal at imposition but not necessarily justifiable.
The law does not compel parties per se to necessarily pay for the duration of the action. The party that imposes an action does so on the conviction that its action is legal and justified. Therefore, the aggrieved party has to "claim" wages by calling the strike/lock-out to be illegal and then proving it to be so!
A strike or a lock-out is the last weapon in the hands of the respective parties. When all else fails (collective bargaining, conciliation, etc.), a party may resort to such an action in an effort to force the other party to see things its way and concede its demands.
If the dispute over which the action was initiated, the party may, while settling the main dispute, settle this matter also - one way or the other. Even if matters involving wages for the strike or the lock-out period go to court for judicial determination, the parties are free to continue a dialogue and settle the matter "out of court," but then they will have to obtain an "award in terms of the settlement." This is not very difficult once the court finds the settlement fair and amicable!
Now, look, I think I have said a lot and even scratched the surface. Every question connected with this subject is intertwined with some aspect of law and case law, and therefore the bare act is to be followed carefully.
I would be in a position to help you better if you raise specific questions. For the time being, your question/s have been answered!
Tell me you are satisfied or raise questions till you are!!
Regards,
Samvedan
August 14, 2006
From India, Pune
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Hi,
First, one must study the actual provisions outlined in the Industrial Disputes Act 1947, accompanied by the Rules made by the State Government of the state in which you operate and possibly related acts like, particularly, the Industrial Employment (Standing Orders) Act 1946. In Maharashtra, one must also study the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act.
Thereafter, one should make it a habit to follow court decisions made by various courts on the subject. There are journals like the Current Labour Reports (published from Mumbai), Labour & Industrial Cases (published from Nagpur), and the like. These are quite prominent. They publish judgments of all labor cases covering all labor disputes coming up before them, decided by various High Courts and the Supreme Court.
This is a great resource. Any practicing Labor advocate in your city will also guide you and at least provide you with the address of these publishers if you wish to subscribe! But study a few issues from the advocate's library and then decide!
Regards,
Samvedan
August 15, 2006
From India, Pune
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First, one must study the actual provisions outlined in the Industrial Disputes Act 1947, accompanied by the Rules made by the State Government of the state in which you operate and possibly related acts like, particularly, the Industrial Employment (Standing Orders) Act 1946. In Maharashtra, one must also study the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act.
Thereafter, one should make it a habit to follow court decisions made by various courts on the subject. There are journals like the Current Labour Reports (published from Mumbai), Labour & Industrial Cases (published from Nagpur), and the like. These are quite prominent. They publish judgments of all labor cases covering all labor disputes coming up before them, decided by various High Courts and the Supreme Court.
This is a great resource. Any practicing Labor advocate in your city will also guide you and at least provide you with the address of these publishers if you wish to subscribe! But study a few issues from the advocate's library and then decide!
Regards,
Samvedan
August 15, 2006
From India, Pune
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Dear Vinay, Please look up the Chapters Strikes and Lock out under the Industrial Disputes Act,1947. Regards, SC
From India, Thane
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From India, Thane
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Hye Samdev Thanks for your reply. but still iam in confusion. can u please tell me about the compensation regarding this period and about Retrenchment. wat is this????????? Regards Reena
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Dear Reena,
The whole issue of compensation during lockout and closure is explained in detail in the Industrial Disputes Act, 1947, as is the term "Retrenchment" and the compensation relating to retrenchment. Please go through it.
Click the link and look up the Industrial Disputes Act, 1947: [http://www.vakilno1.com](http://www.vakilno1.com)
Regards,
SC
From India, Thane
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The whole issue of compensation during lockout and closure is explained in detail in the Industrial Disputes Act, 1947, as is the term "Retrenchment" and the compensation relating to retrenchment. Please go through it.
Click the link and look up the Industrial Disputes Act, 1947: [http://www.vakilno1.com](http://www.vakilno1.com)
Regards,
SC
From India, Thane
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