Dear Experts,
With reference to the above, 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 have been on strike since 29th June 2023 and are still continuing the strike despite the matter being referred for adjudication.
Under this situation, please advise if there are any legal remedies available to prohibit the strike.
From India, New Delhi
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2With reference to the above, 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 have been on strike since 29th June 2023 and are still continuing the strike despite the matter being referred for adjudication.
Under this situation, please advise if there are any legal remedies available to prohibit the strike.
From India, New Delhi
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Dear Experts,
With reference to the above, 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 have been on strike since 29th June 2023 and are still continuing the strike despite the matter being referred for adjudication.
Under this situation, please advise if there are any legal remedies available to prohibit the strike.
From India, New Delhi
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With reference to the above, 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 have been on strike since 29th June 2023 and are still continuing the strike despite the matter being referred for adjudication.
Under this situation, please advise if there are any legal remedies available to prohibit the strike.
From India, New Delhi
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A strike while a dispute has been referred for adjudication is illegal. But a strike for the striking people is an act of protest against the law. You can mark the days of the illegal strike as absent days; no wages need to be paid. But you cannot make the workers rejoin work.
In many disputes leading to the closure of organizations, you can find the arrogance of the employers. They don't get proper advice but get plenty of wrong ideas. If you see some of the cases that have come up to the Supreme Court, it will be visible. It may be a situation favoring the workers in all respects, 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 advice.
The lawyers, when approached for advice, 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 the illegal strike, you cannot do anything. You may declare the strike as illegal now.
From India, Kannur
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In many disputes leading to the closure of organizations, you can find the arrogance of the employers. They don't get proper advice but get plenty of wrong ideas. If you see some of the cases that have come up to the Supreme Court, it will be visible. It may be a situation favoring the workers in all respects, 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 advice.
The lawyers, when approached for advice, 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 the illegal strike, you cannot do anything. You may declare the strike as illegal now.
From India, Kannur
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Thank you, sir, for your valuable advice. Here, I would like to mention that a strike occurred while the conciliation process was ongoing. Upon receipt of the strike notice, the conciliation officer in that area advised not to proceed with the strike; however, the workers went ahead with it.
For adjudication, we received a Government Order (GO) and a court notice just two days ago. According to the conciliation officer in Tamil Nadu, during the conciliation process, a strike by the workers would only be considered illegal when the matter is before the conciliation board. In this scenario, going on strike cannot be deemed illegal.
Conversely, in other states, particularly in northern and eastern India, if the matter has been admitted to conciliation and the workers strike thereafter, it is deemed illegal.
I am interested to know whether this type of strike would be considered legal or illegal.
Regards,
Ranjan Dixit
From India, New Delhi
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For adjudication, we received a Government Order (GO) and a court notice just two days ago. According to the conciliation officer in Tamil Nadu, during the conciliation process, a strike by the workers would only be considered illegal when the matter is before the conciliation board. In this scenario, going on strike cannot be deemed illegal.
Conversely, in other states, particularly in northern and eastern India, if the matter has been admitted to conciliation and the workers strike thereafter, it is deemed illegal.
I am interested to know whether this type of strike would be considered legal or illegal.
Regards,
Ranjan Dixit
From India, New Delhi
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I don't know if there is any rule specific to Tamil Nadu. When section 10(3) of the ID Act states 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 those 10(3) orders?
Umakanthan Sir, please comment....
From India, Kannur
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Umakanthan Sir, please comment....
From India, Kannur
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