Industrial RelationsIndustrial Relations

STRIKESSTRIKES

Presentation by:Presentation by:

PARVEJ SHAHPARVEJ SHAH RICHIE DABHIRICHIE DABHI KINNARI RAVALKINNARI RAVAL

MITESH VARMAMITESH VARMA SAVITA KHSATRIYASAVITA KHSATRIYA

ALPESH SHARMAALPESH SHARMAJAYESH PARMARJAYESH PARMAR

KAUSHAL VAISHNAVKAUSHAL VAISHNAV

What is a STRIKE?What is a STRIKE?

““STRIKE” has been defined in STRIKE” has been defined in section 2(q) of the section 2(q) of the IndustrialIndustrial Disputes Disputes Act, 1947 in the following words:Act, 1947 in the following words:

“ ‘ “ ‘Strike’ means a cessation of Strike’ means a cessation of work by a body of persons work by a body of persons employed in any industry, acting in employed in any industry, acting in combination or a refusal, or a combination or a refusal, or a refusal under a common refusal under a common understanding, of any number of understanding, of any number of persons who are or have been so persons who are or have been so employed to continue to work or to employed to continue to work or to accept employment.”accept employment.”

Cessation of work or Refusal to Cessation of work or Refusal to workwork

(a)(a) Cessation of Work:Cessation of Work: (i) there should be cessation of work, and(i) there should be cessation of work, and (ii) such cessation should be by a body of (ii) such cessation should be by a body of

persons employed in the industry acting in persons employed in the industry acting in combination: orcombination: or

(b)(b) Refusal to workRefusal to work (i) there should be concerted refusal under a (i) there should be concerted refusal under a

common understanding; andcommon understanding; and (ii) such refusal should be by any number of (ii) such refusal should be by any number of

persons employed in the industry to continue persons employed in the industry to continue to work or to accept employment.to work or to accept employment.

Types of StrikeTypes of Strike

Sympathetic StrikeSympathetic StrikePartial Stoppage of workPartial Stoppage of workPicketing-BoycottPicketing-BoycottSit-Down Strike & Stay-in Sit-Down Strike & Stay-in StrikeStrikeTools Down StrikeTools Down StrikePen Down StrikePen Down StrikeToken StrikeToken StrikeLightning StrikeLightning StrikeHunger StrikeHunger StrikeGo-SlowGo-Slow

What is Gherao?What is Gherao?

““Gherao” is a physical blockade of a target, either by Gherao” is a physical blockade of a target, either by encirclement intended to block the regress and ingress from encirclement intended to block the regress and ingress from and to a particular office, workshop, factory or even residence and to a particular office, workshop, factory or even residence or forcible occupation. The target may be a place or a person or forcible occupation. The target may be a place or a person or person, usually the managerial or supervisory staff of an or person, usually the managerial or supervisory staff of an industrial establishmentindustrial establishment

..

The Gherao is resorted to by the workmen in order to achieve The Gherao is resorted to by the workmen in order to achieve their object, not by special means, but by violence. Such a their object, not by special means, but by violence. Such a “Gherao” invariably involves the commission of offences.“Gherao” invariably involves the commission of offences.

The second kind of “Gherao” means a virtual occupation of The second kind of “Gherao” means a virtual occupation of the target to be gheraoed resulting in the prevention of the target to be gheraoed resulting in the prevention of ingress by the mgt. itself.ingress by the mgt. itself.

Section 22Section 22Prohibition of strikes and lock-outsProhibition of strikes and lock-outs

1) No person employed in a public utility service shall go on 1) No person employed in a public utility service shall go on strike in breach of contract - strike in breach of contract - 

(a) without giving to the employer notice of strike, as (a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking ;  hereinafter provided, within six weeks before striking ;  

OROR(b) within fourteen days of giving such notice. (b) within fourteen days of giving such notice.

OROR(c) before the expiry of the date of strike specified in any (c) before the expiry of the date of strike specified in any such notice as aforesaid; such notice as aforesaid;

OROR(d) during the pendency of any conciliation proceedings (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the before a conciliation officer and seven days after the conclusion of such proceedings.  conclusion of such proceedings. 

Contd…Contd…

(2)No employer carrying on any public utility service shall (2)No employer carrying on any public utility service shall lock-out any of his workmen -  lock-out any of his workmen - 

(a) without giving them notice of lock-out as hereinafter (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out;provided, within six weeks before locking-out;

OROR(b) within fourteen days of giving such notice; (b) within fourteen days of giving such notice; OROR  (c) before the expiry of the date of lock-out specified in (c) before the expiry of the date of lock-out specified in any such notice as aforesaid;  any such notice as aforesaid;  

OROR

(d) during the pendency of any conciliation proceedings (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the before a conciliation officer and seven days after the conclusion of such proceedings. conclusion of such proceedings.  Contd…Contd…

(3) The notice of lock-out or strike under this (3) The notice of lock-out or strike under this section shall not be necessary where there is section shall not be necessary where there is already in existence a strike or, as the case may already in existence a strike or, as the case may be, lock-out or strike on the day on which it is be, lock-out or strike on the day on which it is declared, to such authority as may be specified by declared, to such authority as may be specified by the appropriate Government either generally or for the appropriate Government either generally or for a particular area or for a particular class of public a particular area or for a particular class of public utility services.utility services.

(4) The notice of strike referred to in sub-section (1) (4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such shall be given by such number of persons to such person or persons and in such manner as may be person or persons and in such manner as may be prescribed. prescribed.   Contd…  Contd…

(5) The notice of lock-out referred to in sub-section(2) (5) The notice of lock-out referred to in sub-section(2) shall be given in such manner as may be shall be given in such manner as may be prescribed. prescribed. 

(6) If on any day an employer receives from any (6) If on any day an employer receives from any person employed by him any such notices as are person employed by him any such notices as are referred to in sub-section (1) or gives to any person referred to in sub-section (1) or gives to any person employed by him any such notices as are referred employed by him any such notices as are referred to in sub-section (2), he shall within five days to in sub-section (2), he shall within five days thereof report to the appropriate Government or to thereof report to the appropriate Government or to such authority as that Government may prescribe, such authority as that Government may prescribe, the number of such notices received or given on the number of such notices received or given on that day. that day. 

Section 24:   Section 24:   Illegal strikes and lock-outsIllegal strikes and lock-outs

– (1) A strike or a lock-out shall be illegal if - (1) A strike or a lock-out shall be illegal if - (i) it is commenced or declared in (i) it is commenced or declared in contravention of Section 22 or Section 23; contravention of Section 22 or Section 23;

OROR(ii) it is continued in contravention of an order (ii) it is continued in contravention of an order made under sub-section (3) of Section 10 [or made under sub-section (3) of Section 10 [or sub-section (4-A) of Section 10-A] sub-section (4-A) of Section 10-A] 

Contd… Contd…

(2) Where a strike or lock-out in pursuance of an industrial (2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, [an time of the reference of the dispute to a Board, [an arbitrator, a] [Labour Court, Tribunal or National Tribunal], arbitrator, a] [Labour Court, Tribunal or National Tribunal], the continuance of such strike or lock-out shall not be the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of Section 10 [or sub-prohibited under sub-section (3) of Section 10 [or sub-section (4-A) of Section 10-A] section (4-A) of Section 10-A] 

(3) A lock-out declared in consequence of an illegal strike or (3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. not be deemed to be illegal. 

Section 74  Section 74    Report of notice of strike or lock-outReport of notice of strike or lock-out

The report of notice of a strike or lock-out to be submitted by The report of notice of a strike or lock-out to be submitted by the employer under sub-section (6) of section 22 shall be sent the employer under sub-section (6) of section 22 shall be sent by registered post or given personally to the Assistant Labour by registered post or given personally to the Assistant Labour Commissioner (Central) appointed for the local area concerned, Commissioner (Central) appointed for the local area concerned, with copy by registered post to- with copy by registered post to- 

(1) The Administrative Department of the Government of India (1) The Administrative Department of the Government of India concerned, concerned, 

(2) The Regional Labour Commissioner (Central) for the Zone, (2) The Regional Labour Commissioner (Central) for the Zone, 

(3) Chief Labour Commissioner (Central), (3) Chief Labour Commissioner (Central), 

(4) Ministry of Labour of the Government of India, (4) Ministry of Labour of the Government of India, 

(5) Labour Department of the State Government concerned, (5) Labour Department of the State Government concerned, and and 

(6) The District Magistrate Concerned. (6) The District Magistrate Concerned. 

Section 26Section 26Penalty for illegal strikes and lock-outsPenalty for illegal strikes and lock-outs

(1) Any workman who commences, continues or otherwise (1) Any workman who commences, continues or otherwise acts in furtherance, of, a strike which is illegal under that acts in furtherance, of, a strike which is illegal under that Act, shall be punishable with imprisonment for a term which Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to may extend to one month, or with fine which may extend to fifty rupees, or with both. fifty rupees, or with both. 

(2) Any employer who commences, continues, or otherwise (2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to may extend to one month, or with fine which may extend to one thousand rupees, or with both. one thousand rupees, or with both. 

THANK YOU!!!THANK YOU!!!