Dear all
As per Industrial Disputes act Chapter V, Section 22 talking about strikes and Lock-outs as follows:
(1) No person employed in a public utility service shall go on strike in breach of contract
(a) without giving to the employer notice of strike, as hereinafter provided,within six weeks before striking; or
(b)within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings
etc.......
The doubt is
I) the point (a) mentioned six weeks notice (b) mentioned within fourteen days
Means they can go on strike after fourteen days before six weeks?
II) " If the expiry date of strike" considered is it justified before six weeks they can go for strike?
III) The Fourteen days is for what??
Please comment on this as we are seeking your advise to convence our Chinees Management properly.
Regards
AVGVPrasad,
DGM-HR, GTI, Nellore, AP
From India, Madras
As per Industrial Disputes act Chapter V, Section 22 talking about strikes and Lock-outs as follows:
(1) No person employed in a public utility service shall go on strike in breach of contract
(a) without giving to the employer notice of strike, as hereinafter provided,within six weeks before striking; or
(b)within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings
etc.......
The doubt is
I) the point (a) mentioned six weeks notice (b) mentioned within fourteen days
Means they can go on strike after fourteen days before six weeks?
II) " If the expiry date of strike" considered is it justified before six weeks they can go for strike?
III) The Fourteen days is for what??
Please comment on this as we are seeking your advise to convence our Chinees Management properly.
Regards
AVGVPrasad,
DGM-HR, GTI, Nellore, AP
From India, Madras
Dear Mr.Prasad,
Thanks for raising this pertinent question because a cursory reading of Sec.22 is bound to confuse everyone and the wider and pervasive import it has on the double-edged weapons in the hands of partners of production some times on war at each other. Let me clarify as I understand:
(1) The 6 weeks mentioned in cl (a) of ss (1) of Sec.22 regarding strike by the workmen and cl (a) of ss(2) of Sec.22 regarding lock-out by the employer is the maximum period for the issue of a notice of strike or lock-out as the case may be.
(2) The 14 days mentioned in clauses (b) of ss (1) and (2) of Sec.22 respectively regarding the strike and lock-out is the minimum notice period.
With regard to the above points, your presumptions are correct. No strike or lock-out shall be resorted to within the minimum notice period and after the maximum notice period ie., 6 weeks.In other words, after the expiry of 6 weeks, a fresh notice should have to be issued again complying with the minimum and maximum notice periods.
(3) Strike or Lock-out, if materializes as proposed would certainly result in loss of production to the employer and loss of wages to the workmen, loss of revenue to the economy by way reduction in taxes and tariff and deprivation of goods and services to the society.So, if not nipped in the bud, it can have domino-effect on industrial relations and ultimately paralyse the economic activity of an entire region or nation as a whole.Hence, in my opinion 14 days minimum notice period is statutorily prescribed in order to instill prudence in the minds of the disputants so as to reach consensus by revising their respective rigid stands and to make possible and legal stop-gap arrangements as well.
From India, Salem
6018Thanks for raising this pertinent question because a cursory reading of Sec.22 is bound to confuse everyone and the wider and pervasive import it has on the double-edged weapons in the hands of partners of production some times on war at each other. Let me clarify as I understand:
(1) The 6 weeks mentioned in cl (a) of ss (1) of Sec.22 regarding strike by the workmen and cl (a) of ss(2) of Sec.22 regarding lock-out by the employer is the maximum period for the issue of a notice of strike or lock-out as the case may be.
(2) The 14 days mentioned in clauses (b) of ss (1) and (2) of Sec.22 respectively regarding the strike and lock-out is the minimum notice period.
With regard to the above points, your presumptions are correct. No strike or lock-out shall be resorted to within the minimum notice period and after the maximum notice period ie., 6 weeks.In other words, after the expiry of 6 weeks, a fresh notice should have to be issued again complying with the minimum and maximum notice periods.
(3) Strike or Lock-out, if materializes as proposed would certainly result in loss of production to the employer and loss of wages to the workmen, loss of revenue to the economy by way reduction in taxes and tariff and deprivation of goods and services to the society.So, if not nipped in the bud, it can have domino-effect on industrial relations and ultimately paralyse the economic activity of an entire region or nation as a whole.Hence, in my opinion 14 days minimum notice period is statutorily prescribed in order to instill prudence in the minds of the disputants so as to reach consensus by revising their respective rigid stands and to make possible and legal stop-gap arrangements as well.
From India, Salem
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