Dear Experts,
With reference to the above further
An Industrial Dispute has been referred by the government of Chennai before the Labour Court, Chennai for adjudication. The Labour Court has registered the case and issued notices to the parties directing the workmen to file their Statement of Claim It is to be noted that the workmen are on strike since 29th. June 2023 and are still continuing in strike in spite of the fact that the matter has been referred for adjudication.
Under this situation, please advise is there any legal remedies in which strike can be prohibited.
From India, New Delhi
1With reference to the above further
An Industrial Dispute has been referred by the government of Chennai before the Labour Court, Chennai for adjudication. The Labour Court has registered the case and issued notices to the parties directing the workmen to file their Statement of Claim It is to be noted that the workmen are on strike since 29th. June 2023 and are still continuing in strike in spite of the fact that the matter has been referred for adjudication.
Under this situation, please advise is there any legal remedies in which strike can be prohibited.
From India, New Delhi
Dear Experts,
With reference to the above further
An Industrial Dispute has been referred by the government of Chennai before the Labour Court, Chennai for adjudication. The Labour Court has registered the case and issued notices to the parties directing the workmen to file their Statement of Claim It is to be noted that the workmen are on strike since 29th. June 2023 and are still continuing in strike in spite of the fact that the matter has been referred for adjudication.
Under this situation, please advise is there any legal remedies in which strike can be prohibited.
From India, New Delhi
With reference to the above further
An Industrial Dispute has been referred by the government of Chennai before the Labour Court, Chennai for adjudication. The Labour Court has registered the case and issued notices to the parties directing the workmen to file their Statement of Claim It is to be noted that the workmen are on strike since 29th. June 2023 and are still continuing in strike in spite of the fact that the matter has been referred for adjudication.
Under this situation, please advise is there any legal remedies in which strike can be prohibited.
From India, New Delhi
A strike while a dispute has been referred for adjudication is illegal. But a a strike for the striking people is an act of protest against the law. You can mark the days of illegal strike as absent days, no wages need to be paid. But you can not make the workers rejoin work. In many disputes leading to closure of the organisations you can find the arrogance of the employers. They don't get proper advises but get plenty of wrong ideas. If you see some of the cases which have come up to Supreme Courts, it will be visible. It may be a situation favouring the workers in all respect but the employer defends before the Labour Officer, then before the adjudication, High Court and then before the Supreme Court. All these happened due to improper advises. The lawyers when approached for advise, will never let the employer go without a mind that he should fight it before the court. When one Court rejects it, the lawyer will advise the next level. It is an intoxication. It may be silly issues. Anyway, that is not our discussion for the day but I would say that other than marking the days of illegal strike, you cannot do anything. You may declare the strike as illegal now.
From India, Kannur
From India, Kannur
Thank you sir for your valuable advice
Here I would like to mention that strike was happened when conciliation process was going on and on receipt of the strike notice conciliation officer of that area given a advice not to go in strike in spite of that they gone
For adjudication we got GO and court notice just two days back
As per the conciliation officer in Tamil Nadu , when matter is before the conciliation board and workmen are going for strike than only this would be treated illegal during conciliation process this can’t be considered as illegal
Whereas in other state particularly northern and Easter India if matter is admitted into conciliation and after that workmen are going for strike this is treated illegal
Here I would like to know whether this type of strike would be considered legal or illegal
Regards
Ranjan Dixit
From India, New Delhi
Here I would like to mention that strike was happened when conciliation process was going on and on receipt of the strike notice conciliation officer of that area given a advice not to go in strike in spite of that they gone
For adjudication we got GO and court notice just two days back
As per the conciliation officer in Tamil Nadu , when matter is before the conciliation board and workmen are going for strike than only this would be treated illegal during conciliation process this can’t be considered as illegal
Whereas in other state particularly northern and Easter India if matter is admitted into conciliation and after that workmen are going for strike this is treated illegal
Here I would like to know whether this type of strike would be considered legal or illegal
Regards
Ranjan Dixit
From India, New Delhi
I don't know if there is any rule separate for Tamil Nadu. When section 10 (3) of the ID Act says that the Appropriate government shall declare the strike to be prohibited once the matter has been referred to adjudication, what is preventing them from issuing that 10(3) orders?
Umakanthan Sir, please comment....
From India, Kannur
Umakanthan Sir, please comment....
From India, Kannur
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