Hi
We have observed some ambiguity in the registration of a trade union in our organisation. Formation of this trade union was not even informed to the management. So, we have taken up the case with Labour department for amicable solution.
When this is pending with labour department, the workers went on an illegal strike without prior notice seeking management to enter into negotiation on various demands. Somehow, we have brought the situation to normalcy by assuring to go for negotiations with union.
During this strike, we have seen unfair labour practice on the part of striking workmen. Apart from, they have issued a fresh notice to go on strike if the talk fails. This matter is still under labour department.
All I wanted to know is whether we can order for suspension pending enquiry for the striking workmen on the above-mentioned grounds.
Regards
Ranga
From India, Pondicherry
1We have observed some ambiguity in the registration of a trade union in our organisation. Formation of this trade union was not even informed to the management. So, we have taken up the case with Labour department for amicable solution.
When this is pending with labour department, the workers went on an illegal strike without prior notice seeking management to enter into negotiation on various demands. Somehow, we have brought the situation to normalcy by assuring to go for negotiations with union.
During this strike, we have seen unfair labour practice on the part of striking workmen. Apart from, they have issued a fresh notice to go on strike if the talk fails. This matter is still under labour department.
All I wanted to know is whether we can order for suspension pending enquiry for the striking workmen on the above-mentioned grounds.
Regards
Ranga
From India, Pondicherry
Striking when the dispute is under conciliation itself is a misconduct on the ground of which the management can initiate disciplinary action against those involved. Moreover, giving another letter of strike in anticipation of failure of talk is another misconduct which can be framed as "not showing confidence on the management action in which an outsider having statutory conciliation officer (Labour Officer) is also involved". However, since the matter is with a settlement authority, it is always advisable to take approval of the Conciliation Officer before proceeding with suspension.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Ranga
You have not mentioned whether your Industry is notified as "Public Utility Services"..I assume it is not. In this case the Notice for strike is not mandatory (U.P. State Bridge Corp. Ltd. v. U.P. Rajya Setu Nigam Sa
Karamchari Sangh, (2004) 4 SCC 268.). If the dispute related to which the strike has been observed has been Admitted for concilation proceedings by the conciliation officer before commencement of the strike than according to section 23 the strike will be called An illlegal strike and will attract penlty as per section 26.
The suspension shall be in accordance with the Standing orders applicable to you.
I advise you to understand the seqence of events technically and than proceed or else the action of suspension may end as futile.
Pl. note that action of discharge or dismissal for taking part in strike may also amount to unfair labour practice on part of management if it is not a illegal strike.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
You have not mentioned whether your Industry is notified as "Public Utility Services"..I assume it is not. In this case the Notice for strike is not mandatory (U.P. State Bridge Corp. Ltd. v. U.P. Rajya Setu Nigam Sa
Karamchari Sangh, (2004) 4 SCC 268.). If the dispute related to which the strike has been observed has been Admitted for concilation proceedings by the conciliation officer before commencement of the strike than according to section 23 the strike will be called An illlegal strike and will attract penlty as per section 26.
The suspension shall be in accordance with the Standing orders applicable to you.
I advise you to understand the seqence of events technically and than proceed or else the action of suspension may end as futile.
Pl. note that action of discharge or dismissal for taking part in strike may also amount to unfair labour practice on part of management if it is not a illegal strike.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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