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
45From India, Thane
Hi,
I wonder why some posts simply get no replies!
I wish I had seen your post earlier.
Under the Industrial Disputes Act 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 labour 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 Servicve 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) prohibit the impending the strike, or ban the strike under the provisions of ID Act itself while simultaneously referring the dispute to judicial determination.
The public at large may be pleased with such measures but the those poor guys serving in the said Public Utility Service find themselves in an unenviable situation of possesing a right that they are rarely permitted to use!
The answer to your query is therefore that Public Utility Service has a right to go on a Legal strike only on paper. In reality due to such encrochments described above, they rarely are on legal strike!!!
Long Live Equuality before Law!!!
regards
samvedan
December 20, 2005
From India, Pune
I wonder why some posts simply get no replies!
I wish I had seen your post earlier.
Under the Industrial Disputes Act 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 labour 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 Servicve 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) prohibit the impending the strike, or ban the strike under the provisions of ID Act itself while simultaneously referring the dispute to judicial determination.
The public at large may be pleased with such measures but the those poor guys serving in the said Public Utility Service find themselves in an unenviable situation of possesing a right that they are rarely permitted to use!
The answer to your query is therefore that Public Utility Service has a right to go on a Legal strike only on paper. In reality due to such encrochments described above, they rarely are on legal strike!!!
Long Live Equuality before Law!!!
regards
samvedan
December 20, 2005
From India, Pune
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
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 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 Recognitions of Trade Unions and Unfair labour Practices Act has some overlapping provisions also.)
The terms strike, lock-out, lay-off and retrenchment and closure are all defined in Industrial Disputes Act 1947.
A strike or a lock-out may be legal or illegal. What is important is that not only at imposition but through out 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 unavoidably to pay for the duration of the action. The party that imposes an action does so on the conviction that its action is legal & justified. Therefore the aggreived party has to "claim" wages by callling 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 matter involving wages for the strike or the lock-out period go to a court for judicial determination, the parties are freee 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 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
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 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 Recognitions of Trade Unions and Unfair labour Practices Act has some overlapping provisions also.)
The terms strike, lock-out, lay-off and retrenchment and closure are all defined in Industrial Disputes Act 1947.
A strike or a lock-out may be legal or illegal. What is important is that not only at imposition but through out 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 unavoidably to pay for the duration of the action. The party that imposes an action does so on the conviction that its action is legal & justified. Therefore the aggreived party has to "claim" wages by callling 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 matter involving wages for the strike or the lock-out period go to a court for judicial determination, the parties are freee 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 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
Hi,
First, one must study actual provisions outlined inthe 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 Industrial Employment (Standing Orders) Act 1946 and in Maharashtra one must study also the Maharashtra Recignition 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, Current Labour Reports (published from Mumbai), Labour & Industrial Cases (published from Nagpur) and the like. These are quite prominent. They publish judgements, of all labour cases covering all labour disputes coming up before them, decided by various High Courts and the Supreme Court.
This is a great resource. Any practicing Labour advocate in your city will also guide you and atleast provide you with address ofthese 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
First, one must study actual provisions outlined inthe 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 Industrial Employment (Standing Orders) Act 1946 and in Maharashtra one must study also the Maharashtra Recignition 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, Current Labour Reports (published from Mumbai), Labour & Industrial Cases (published from Nagpur) and the like. These are quite prominent. They publish judgements, of all labour cases covering all labour disputes coming up before them, decided by various High Courts and the Supreme Court.
This is a great resource. Any practicing Labour advocate in your city will also guide you and atleast provide you with address ofthese 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
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
Dear Reena,
The whole issue of compensation during lockout and closure is explained in details in Industrial Disputes Act, 1947, so is the term Retrenchment and the compensation relating to retrenchment. Please go through it.
Click the link and look up Industrial Disputes Act, 1947
http://www.vakilno1.com
Regards,
SC
From India, Thane
The whole issue of compensation during lockout and closure is explained in details in Industrial Disputes Act, 1947, so is the term Retrenchment and the compensation relating to retrenchment. Please go through it.
Click the link and look up Industrial Disputes Act, 1947
http://www.vakilno1.com
Regards,
SC
From India, Thane
please give me complete info about collective bargaining please i want it urgent if any one having ppts about this topic means it really helpfull to me alot.please help me
thanks & regards
v.sivamahesh
From India, Hyderabad
thanks & regards
v.sivamahesh
From India, Hyderabad
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