ILLEGAL
STRIKE AND LOCK-OUT IN PUBLIC UTILITY SERVICES
BY
SMART
LEARNING WAY
Content
- Introduction
- Illegal strikes and lock-outs (sec-24)
- When Would strikes or lockouts be illegal
- Consequences of illegal strikes / lockouts
- What is public utility services and is significance?
- Prohibition of strike and lock-outs in public utility service (sec-22)
- Penalty
- Bibliography
Introduction
Strike in violation of the
law. Most public-sector strikes are illegal. Strikes that violate an existing
labor contract, are not properly authorized by the union membership, or violate
a court order are also illegal.
Definition
of strike
“Strike”
[sec-2(q)]
“strike "means a cessation of
work by body of person employed in any industry acting in combination, or a
concerted refusal, or a refusal under a common understanding , of any number of
person who are or have been so employed to continue to work or to accept
employment.
Definition
of illegal strike
— There are four cases where a strike is, in
principle, illegal. In other words, when the right to strike is denied or where
its occurrence is suspended or subject to certain formalities, any strike which
occurs is illegal in principle,
— The first case is that in which the employer,
is a public utility. At all times, in all circumstances, any strike which
occurs would be illegal.
— The second case is that in which t he employer
is not a public utility but where the employees have stopped work without
meeting all the time limits and conditions required by Article 24 of the Labour
Relations Act.
— The third case is that in which the employer
is not a public utility and where the employees declare a strike during the
life of a contract in which they have agreed to accept as binding . all
arbitration awards concerning grievances arising from the application of the
contract.
— The fourth case is t h a t in which the
employer is not a public utility and
where the employees declare a strike during the life ef a contract without
following the time-limits and conditions required by Article 24, Paragraph 2,
of the Labour Relations Act.
What
is a lockout?
ž Lock-out‘ means temporary closing or a place
of employment or the suspension of work, or the refusal by an employer to
continue to employ any number of persons employed by him. [section 2(l)].
Workers go on strike, while lock-out‘ is to be declared by employer.
The closing of a place of employment;
or the suspension of work; or the refusal by an employer to continue to employ
any number of persons employed by him.
ž It means the closure of the place of business
and not closure of business itself.
ž Lock-out is usually used by the employer as a
weapon of collective bargaining.
Types
of lock-out
Temporary
closing of a place of employment.
Suspension
of work.
Refusal
by an employer to continue to employ any number of persons employed by him.
Illegal
strikes and lock-outs (sec-24)
- Strike or lock- out is illegal if:
It is commenced or declared in contravention
of sec-22 or 23
It is continued in contravention of an order
made under sub-section (3) of section 10 or 4A section 10A
2. Not deemed to be illegal if;
Where a strike or lock-out has already
commenced and is in existence at the time of the reference of disputes to the
board, arbitrator, labor court/ tribunal/national tribunal, provided that such
strike or lock-out was not at its commencement in contravention of provisions
of this ACT or prohibition of under sec 10(3) or 10A (4A)
3. Not deemed to be illegal if;
A
lock-out declared in consequence of an illegal strike or a strike declared in
contravention of an illegal lock-out.
When Would strikes or lockouts be illegal
In 'public utility service' [sec-22(1)&
(2), 23, 30, 19] when strike / lockout is commenced :
A) without
giving at lest 14 days notice
B) commenced after 42 days of
notice
C) prior to date indicated in the
notice
D) during pendency of proceedings before
conciliation officer/board and seven days thereafter
E) during pendency of proceedings before
labourcourt / tribunal / arbitrators and two months thereafter
F) during the period when a settlement or
award is in operation on matters covered
Note :
A
strike/lock out legally commenced would become illegal if continued after
government bans it under section 10(4a) and 24
Consequences
of illegal strikes / lockouts
On workmen
- All workmen no wages
-
Instigators could be punished/imprisoned under sections 26, 27, 28.
On employer
-
Will have to pay
wages and can be punished/imprisoned under sections 26, 27, 28.
On any person
- Any
person extending financial assistance to further an illegal strike or lockout
would be violating
section 25.
What
is public utility service & its significance
I)Significance
A) Under section 2(n) of the ID ACT 1947
certain category of industries have been
declared as public utility services.
B) As per sections 22 to 24 more stringent
provisions have been prescribed for declaring lock outs (by employers) or for
organizing strikes (by workmen) in such industries.
Ii)consequence
A) non-observance by employers would make
the lock out illegal and make the workmen eligible for wages for the period of
illegal lock out.
B) non-observance by workmen would make
the strike illegal and make them disentitled for wages for the strike period.
What
is public utility services?
• Categories of industries falling under 'public
utility service‘
Section 2(n) declares certain types of
industries to be permanently public utility services and some others which
could be declared as public utilities for temporary periods of six months at a
time.
A) permanent public utility services [sn.2(n)(I
TO v)]
l)
Any rail/transport/air services/services in major ports or docks
Ii) Any section of an industry the working
of which is essential for ensuring
safety of workmen employed.
Iii)
Post/telegraph/telephone services
Iv)
Industries supplying power/light or water to public
V) Any system of public conservancy
sanitation.
b)
Temporary public utility services
I) section 2n(vi) empowers the
central/state governments to declare
any industry listed in schedule -i of the ID act as public utility services
Ii) Such declarations by the appropriate
government is valid For six months from date of notification in gazette.
Iii)Government
can extend the validity by renewing the declaration at the end of each six
month.
Iv)If
the declarations are not renewed such notified industries would come out of the
definition of public utility.
V) as per schedule-i, the following
categories of industries could be cleared as public utility for six monthly
spells through a gazette notifications:
Schedule-1
|
• Prohibition of strike and lock-outs in public
utility service (sec-22)
Sec-22 provides for following additional
safeguards for the smooth and uninterrupted running of public utility services
and to obviate the possibility of inconvenience to the general public and
society.
-
State of Bihar V
Deodhar jha AIR 1958 (pat)
Provisions
- no strike in public utility:
a)
Without giving to the employer notice of strike, within 6 weeks before striking
i.e. from the date of the notice to the date of strike, a period of 6 weeks
should not have elapsed;
b)
Within 14 days of giving such notice i.e. a period of 14 days must have elapsed
from the date of notice to the date of strike
c)
Before the expiring of the date of strike specified in any such notice as
aforesaid i.e., the date specified in the notice must have expired on the day
of striking;
d)
During the pendency of any conciliation proceeding before a conciliation
officer and 7 days after the conclusion of such proceedings.
2.
No lock-out in public utility
a)
Without notice of lock-out within 6 weeks before lock-out
b)
Within 14 days of giving such notice.
c)
Before the expiring of the date of lock-out specified in notice.
d)
During the pendency of any conciliation proceeding before a conciliation
officer and 7 days after the conclusion of proceeding.
3.
Notice of lock-out or strike under this section shall not be necessary where
there is already in existence a strike or lockout in public utility service,
but the employer or employee in case of strike shall send intimation of such
lock-out or strike on the day on which it is declared to authority specified by
appropriate government.
4.
Notice of strike (u/s 22 (1) shall be given by such number of person to such
number of persons and in such manner as may be prescribed.
5.
Notice of lock-out(u/s 22(2) shall be given in such manner as may be presented.
6.
Within 5 days of the receipt of notice from any person employed by him or
employer shall report to the appropriate government or to the prescribed
authority, the number of such notices received or given on that day.
lock-out
An illegal lock-out is punishable for a term
extending to 1 moth or with fine up to Rs. 1000 or with both.
2. penalty for instigation of illegal lock-outs
an illegal lock-out is punishable with imprisonment for a term which may extend to 6 months or a fine up to Rs. 1000 or both.
when
would strikes or lockouts be illegal in 'public utility service
when would strikes or lockouts be illegal in
'public utility service' [22(1)& (2), 23, 30, 19] when strike / lockout is
commenced :
a) without giving atlest 14 days notice
b) commenced after 42 days of
notice
c) prior to date indicated in the
notice
d) during pendency of proceedings before
conciliation officer/board and seven days thereafter
e) during pendency of proceedings before
labor court / tribunal / arbitrators and two months thereafter.
f) during the period when a
settlement or award is in operation on matters covered.
consequences of illegal strikes / lockouts
on workmen
- all workmen no wages
- instigators could be punished/imprisoned under
sections 26, 27, 28. on employer
- will have to pay wages
and can be punished/imprisoned under
sections 26, 27, 28. on any person
- any person extending financial assistance to further an
illegal strike or lockout would be violating section 25.
Bibliography
ž Labour laws
- Taxmann’s
ž Legal
systems in business
- P. Saravanavel
- S. sumathi
ž Industrial jurisprudence and Labour
Legislation
- A.M. Sarma
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