ITFT- INDUSTRIAL LAW

Strikes And Lock-Outs

Industrial Dispute Act - 1947

STRIKE [Section – 2q]

•By Workmen•Refusal to work or accept employment•Under common understanding or acting in concert.

Essentials of Strikes

Cessation of workMust be by body of Persons employed in industryActing in CombinationStrikers must be working in IndustryConcerted refusalCommon understandingSome Demands

Effects of Strikes

• Cuts profit• Cuts employer from

Market• Mass unemployment• Damage equipments• Results in violence• Loss of valuable Man

Hours• Loss of Materials• Emotional tensions &

Mental strains

LOCK-OUT [Section 2(l)]

•By Employer•Temporary closure•Refusal to continue to employ the persons employed.

Essentials of Lock-outs

• Temporary close of place of unemployment

• Element of Demand

• Intention to reopen

• Must be engaged in Industrial Process

Illegal Strikes and Lock-outs [section24]

• In Factories [section-22 & 23] Without giving 14 days

notice Commenced after 42 days of

notice Prior to indicated date in

notice During the pendency of

proceedings During the period when

award and settlement is in operation on Same matters

Lay – Off [section 2kkk]

• It means a failure , refusal or inability of an Employer on account of shortage of Coal, Power or raw materials or ant other reason to give employment to a workman whose name is borne on the master rolls of his industrial establishment and whose has not been retrenched.

Industries exempted from this provision-

• Less than 50 workers are employed

• Establishments of a seasonal character

• Industries under section 25 A (b) and 25 k

Right of workmen Laid-off for Compensation [section 25c]

• Worker must not be a casual worker or badli worker• Name must be on

muster rolls• Must have continued

atleast 1 yr of continuous service

Continuous Service [Section 25 B]

• Continuous service for any period means uninterrupted service for that period and uninterrupted service on account of any of the following reasons:

Sickness Authorized leaveAn accident Strike Lock-outCessation of work

He shall be deemed to be in continuous service if: • He was in employment for twelve calendar

months preceding the date with reference to which calculation is to be made.

During such twelve months he actually worked for not less than –

190 days in case of employment below ground in a mine

240 days in any other case.

• A person shall be deemed to be in continuous service for a period of 6 months if he has actually worked under the employer for not less than-

95 days in case of employment below ground in a mine

120 days in other case.

Conditions where workman Laid-off are not entitled to Compensations [section 25 E]

• Refuses to accept alternative Employment

• Does not present himself at the appointed time

• Strike or go slow

Retrenchment [section 2 oo]

• It means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by the way of disciplinary action but does not include:

i. Voluntary retirementii. Completion of contractiii. Non- renewal of contractiv. Ill health of worker

Essentials of Retrenchment

• Termination of services of a workman• Surplus labor • Surplus staff in a

continuing industry• Capable of being

continued• Termination for

proper reasons