I am having the following understanding about the Strikes/go-slow during the pendency of a dispute before the conciliation officer. However, I need your views.
Strikes by the workmen are prohibited during the pendency of a dispute before the conciliation officer. If the management anticipates any strike by the workmen for any industrial dispute, it can file an application before the conciliation officer for conciliation. Once the conciliation starts, the workmen cannot go on strike until the conciliation concludes. If they go on strike, it will become an illegal strike.
When it comes to 'go-slow', the employer can deduct the proportionate salary for the target which the operator failed to achieve, and it must be proved that the operator was supposed to achieve certain numbers but achieved less than the fixed norms. Generally, the copy of the notice of the 'go-slow' put up on the notice board of the establishment is sent to the conciliation officer. He may or may not call the parties for conciliation unless either party follows up.
Furthermore, the management can file a suit before the civil court for an injunction restraining the workmen from stopping the movement of men material in the factory by strike or dharna in front of the gate. Requesting your views.
Also, I would like to know in the case of a strike and 'go-slow' in Karnataka, if workmen go on an illegal strike, what are the implications versus a 'legal' strike. What actions can management take/not take in both scenarios? Please share the section where a strike during conciliation is termed as illegal. If there is no notice of 'go-slow', how does one prove it? Are there any case laws where management has deducted pay pro-rata for 'go-slow', and that has successfully stood in court. It will be a great help for my reference.
Regards, Noel
From India, Bangalore
Acknowledge(0)
Amend(0)
Strikes by the workmen are prohibited during the pendency of a dispute before the conciliation officer. If the management anticipates any strike by the workmen for any industrial dispute, it can file an application before the conciliation officer for conciliation. Once the conciliation starts, the workmen cannot go on strike until the conciliation concludes. If they go on strike, it will become an illegal strike.
When it comes to 'go-slow', the employer can deduct the proportionate salary for the target which the operator failed to achieve, and it must be proved that the operator was supposed to achieve certain numbers but achieved less than the fixed norms. Generally, the copy of the notice of the 'go-slow' put up on the notice board of the establishment is sent to the conciliation officer. He may or may not call the parties for conciliation unless either party follows up.
Furthermore, the management can file a suit before the civil court for an injunction restraining the workmen from stopping the movement of men material in the factory by strike or dharna in front of the gate. Requesting your views.
Also, I would like to know in the case of a strike and 'go-slow' in Karnataka, if workmen go on an illegal strike, what are the implications versus a 'legal' strike. What actions can management take/not take in both scenarios? Please share the section where a strike during conciliation is termed as illegal. If there is no notice of 'go-slow', how does one prove it? Are there any case laws where management has deducted pay pro-rata for 'go-slow', and that has successfully stood in court. It will be a great help for my reference.
Regards, Noel
From India, Bangalore
Acknowledge(0)Amend(0)
Your general question on a strike/go-slow situation has to be handled depending on the existing situation prevailing inside the shop floor and the influence of any external trade union. My experience has been that handling a strike/go-slow situation depends on how you handle the situation calmly, and it may not be the same for the next time or a successful procedure in another plant if such a situation arises.
Regarding the sections under which a strike becomes illegal by the Industrial Disputes Act-1947:
Section 23: General prohibition of strikes and lockouts
No workman employed in any industrial establishment shall go on strike in breach of contract, and no employer of any such workman shall declare a lockout:
(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 Labor 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.
Section 20: Commencement and conclusion of proceedings
(1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lockout under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be.
From India, Madras
Acknowledge(0)Amend(0)
320Regarding the sections under which a strike becomes illegal by the Industrial Disputes Act-1947:
Section 23: General prohibition of strikes and lockouts
No workman employed in any industrial establishment shall go on strike in breach of contract, and no employer of any such workman shall declare a lockout:
(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 Labor 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.
Section 20: Commencement and conclusion of proceedings
(1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lockout under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be.
From India, Madras
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
PF Contribution on Leave Encashment - Clarification by EPFO.pdf
Holiday-CEO Clarification.j pg
Competency required level.doc