Need clarification on the notice period for strike in non public utility services... Sec(22) talks about Notice period in PUS but Sec(23) does not mention anything about the notice period in industrial establishment.
so can the interpretation be taken that , there is no need for any notice period in non PUS( general industrial establishment) ? or is it the same as in PUS?
22. PROHIBITION OF STRIKES AND LOCK-OUTS. - (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.
(2) No employer carrying on on any public utility service shall lock-out any of his workmen - (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of lock-out 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.
(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.
(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day.
23. GENERAL PROHIBITION OF STRIKES AND LOCKOUTS. - No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out - (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings;
(b) during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings;
(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or
(c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.
From India, Madras
so can the interpretation be taken that , there is no need for any notice period in non PUS( general industrial establishment) ? or is it the same as in PUS?
22. PROHIBITION OF STRIKES AND LOCK-OUTS. - (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.
(2) No employer carrying on on any public utility service shall lock-out any of his workmen - (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of lock-out 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.
(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.
(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day.
23. GENERAL PROHIBITION OF STRIKES AND LOCKOUTS. - No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out - (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings;
(b) during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings;
(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or
(c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.
From India, Madras
Non mandatory : In non-public utility service, unless standing orders or appointment orders stipulates giving of notice, or it is in retaliation for a strike or lockout.
From India, Delhi
From India, Delhi
Dear Sir,
The reply is not clear whether any notice is required for going on strike in non-public untility service or not. Can they go on strike suddenly without giving any information to the management and without giving any change to the management for discussions for settlement of their demands.
Kindly clarify
M S GIRI
From India, Hyderabad
4The reply is not clear whether any notice is required for going on strike in non-public untility service or not. Can they go on strike suddenly without giving any information to the management and without giving any change to the management for discussions for settlement of their demands.
Kindly clarify
M S GIRI
From India, Hyderabad
Law clearly is for Public utility services (PUS). But same is seen to be followed by non-PUS. Why??? Some expert should throw light on this. Thanks
From India, Nashik
From India, Nashik
I just referred to Rule 10 of Industrial Dispute (Central) Rules, 1957 viz
"10. Conciliation proceedings in non-public utility service.—Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein"
This clearly implies that as per the Act no notice is required to be given by Non-PUS establishment.
But I am told that a clause is generally introduced in Model Standing order that such notice should be given to employer before strike or to employees before lock-out. Hence, a practice of notice is prevalent in non-PSU.
Expert may please comment on the above.
From India, Nashik
"10. Conciliation proceedings in non-public utility service.—Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein"
This clearly implies that as per the Act no notice is required to be given by Non-PUS establishment.
But I am told that a clause is generally introduced in Model Standing order that such notice should be given to employer before strike or to employees before lock-out. Hence, a practice of notice is prevalent in non-PSU.
Expert may please comment on the above.
From India, Nashik
The above time windows under law are applicable only to Public Utility Services (PUS) and not for non-PUS unless it is provided for in Standing orders of the company or any agreement between employer and employees. If it is not specified, employees can go on ‘strike’ any time. However, to justify strike or lock-out, it is necessary to prove that all efforts had been done to negotiate on grievances of workers or employer. In absence of such efforts, an appeal to authorities or court can be made to declare the strike or lock-out as illegal. Hence, to justify a strike or lock-out a notice of appropriate period is necessary during which proofs of efforts to resolve the grievances can be generated.
Above discussion needs to be commented / verified upon by experts.
From India, Nashik
Above discussion needs to be commented / verified upon by experts.
From India, Nashik
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