strikes and lockouts in india 1

8/8/2019 Strikes and Lockouts in INDIA 1

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INDUSTRIAL RELATIONS

LABOUR RELATIONS

EMPLOYER- EMPLOYEE RELATIONS

GROUP RELATIONS PUBLIC RELATIONS

DETERMINANTS OF IR INSTITUTIONAL FACTORS

ECONOMIC FACTORS

TECHNOLOGICAL FACTORS



STRIKESection 2 (q) of the Industrial Disputes Act.

1947 defines ³strike´ to mean:

a cessation of work by a body of personsemployed in any industry acting incombination, or a concerted refusal; or arefusal under a common understanding of

any number of persons who are or have beenso employed to continue to work or to acceptemployment.



TYPES OF STRIKE

GENERAL STRIKE

GO SLOW

PEN DOWN/ TOOL DOWN

WILD CAT STRIKE

SYMPATHY STRIKE

JURISDICTIONAL STRIKE

HUNGER STRIKE



TYPES OF STRIKES SICK OUT STRIKE

WORK TO RULE STRIKE

UNFAIR LABOUR PRACTICE STRIKE



LOCK- OUTSection 2(1) of the Industrial Disputes Act,

1947 defines "Iock-out" to mean:

The temporary closing of employment or the

suspension of work, or the refusal by an

employer to continue to employ any number

of persons employed by him.



PROHIBITION OF STRIKES

AND LOCKOUT in IndiaSection 23 prohibits strikes and lock-outs:

No workman who is employed in any industrialestablishment shall go on strike in breach of contract

and no employer of any such workmen shall declarea lock-out,

(a) during the pendency of conciliation proceedingsbefore 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 andtwo months after the conclusion of such

proceedings;



(c) during the pendency of arbitration proceedings

before an arbitrator and two months after the

conclusion of such proceedings, where anotification has been issued under Sub Section

(3A) of Section 10A; or

(d) during any period in which a settlement or award

is In operation in respect of any of the matterscovered by the settlement or award.



Additional Restrictions on Strikes and

Lock-out in Public Utility Services1) 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. Asherein after provided. within six weeks beforestriking; or

(b) within fourteen days of giving such notice; or

(c) before the expiry of the date of strike specified inany such notice as aforesaid; or

(d) during the pendency of any conciliationproceedings before a conciliation officer and sevendays after the conclusion of such proceedings.



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

(a) without giving them notice of lock-out ashereinafter provided. within six weeks before lock-out; or

(b) within fourteen days of giving such notice; or

(c) before the expiry of the date of lock-out specifiedin any such notice as aforesaid; or

(d) during the pendency of any conciliationsproceedings before a concUiation officer andseven days after the conclusion of such

proceedings



Penalty for Illegal Strikes and

Lock-outsA workman who is involved in an illegal strike can bepenalized with imprisonment for a term extendable to amonth or with a fine or fifty rupees or both. In similar way,

an employer who initiates and continues a lockout ispunishable with imprisonment extendable to a month or with a fine of one thousand rupees or both. According toSection 25 of Industrial Disputes Act 1947, no personshould provide any sort of financial aid to any illegal

strike or lock-out.A

ny person who knowingly providessuch a help in support of any illegal strike or lock-out ispunishable with imprisonment for a term which mayextend to six months, or with fine which may extend toone thousand rupees, or with both



Methods used by employers to

deal with strikesStrike preparation

Strike breakingUnion busting

Lockout



PRE-INDEPENDENCE ERA

LATE 19TH CENTURY So called first strike 1877 in Empress Mills in

Nagpur for increase in wage rate

October 1892 witnesed strike in 3 mills managed by

K.M Heeramaneck &Co of 2800 workers

anticipating announcement effecting wage cut

Following 1893sporadic but individual strikes in

David Sasson, Alexandra, ED Sasson Union,Wadia and New Eastern mills affecting 12000-

14000 workers



First officially recorded strike- Ahmedabad, 1895,8000 workers of Ahmedabad Mill Owners¶

Association against introduction of fortnightlypayment of wages instead of weekly wages whichwas introduced since 1869. It ended after 10 daysunsuccessfully.

1895; Budge Budge jute mills near Calcutta, millwas closed for 6 weeks bringing loss of Rs 80000,next time for 8 days in June 1896 but unsuccessfulboth times

1897; Bombay; weavers over discontinuance of daily payment of wages & reversion of old system of monthly wages. Many tactics by mgmt of bonus &putting labour as substitute list resulted failure of

strike



6 May 1899; signalling staff of GIP railways (centralrailways) demanding- change in duty hours,increase in wages, non discrimination b/w Indianand European emloyees. Mgmt warned to returnbefore 31 may or declared dismissed and removedfrom railway quarters strike ended after 27 days

unsuccessfully

1900-1914

Many strikes 1905-1905 in textile mills of Bombaywith introduction of electric light and working hoursof workers would increase.Bombay Mill Owners

Association passed a resolution average workingday of 13 hrs with or without electric lightening.



In 1904 management of many Bombay Millsconsidered wage cut ; workers professed to work 4

days a week but no wage cut; strike happenedbefore it was attempted to bring into force with 7800workers for 11 days till considerable concessionswere made.

1905 strike in Government press of Calcuttaworkers demanded overtime allowance and higher payment on Sunday and other holidays. Strikewithdrawn within a week with settlement. After this

7 leaders of strike were dismissed & arrested oncharge of intimidation which followed another month long strike. Settlement granted demands butno reinstatement . Political motive for 2nd strikesuspected but no proof.



Aug 1906 workers of Britsh Clive Jute Mills downed

tools for better working conditions and humiliating

behavior of Mgmt. Police was called to end thestrike

Jacob Sasson Mills feb 1908 workers struck for

increase in wages due to increase in prices lasting 5

days in partial victory of workers.

1910, Narbaha Mills in Broach workers struck on

plea of long working hours, Govt. intervention ended

strike peacefully satisfying both parties



world war I and years later

1917 many strikes indicative of increase in wagesto meet increased cost of living, strikes were of short durations and ended successfully

1921; 5000 workers of Railway workshop in

Lucknow for increase in wages lasting for 2monthsand 20 days as services were affected badly,issues of workers were agreed to

At Gorakhpur strike affecting 500men of boiler and

machine shop of Bengal and North Westernrailways on account of assault by Europeanforeman. It lasted for one day and policeassistance was needed



East Indian Railway strike in Feb 1922 in

Rohilakhand and Kumaon Railways near Bareilly

demanding 50% pay hike and 15 days leave on fullpay per year. Strike lasted 20 days with peaceful

settlement with 10% pay increase

3500 men of Victoria Mills of Cawnpore struck for

4 weeks as payment of wages was delayed whichended peacefully and workers returned to work

unconditionally



GENERAL STRIKE

1928 Sholapur spinning and weaving mills-operatives of mills were complaining low earningsresulting 3000 of them struck work on 21 April1928. The strikers formed an ADVISORY BOARD

to represent grievances, later on 6 Oct 4 more mills joined the strike. Throughout the strike there wasno proper organisation among workers andposition of strike was different from time to time indifferent firms. Meetings anddemonstrations wereprohibited. No of workers and trade unions werearrested. Strike ended as failure.there were other strikes in textile mills over wages but wereunsuccessful



Oil workers¶ strike Bombay 1929

Employees stike against foreign oil companies

towards end it got mixed up with communal riots.

Oil companies refused to recognise workers¶grievances, workers¶ condition was miserable

inspite of high profits of company. Govt. and police

supported the companies and defeated the strike.

Many workers lost their jobs and union wasdestroyed.



Strike of textile workers in Bombay

26April 1929

62mills, over a lakh of workers for 4 monthsresulting loss of 8 million mandays. Cause of strike was a worker was absent & he ahd taken

permission from Jobber who denied thestatement. Striker demanded reinstatement of dismissed worker but mgmt refused. In May Govt.of Bombayheld a conference of representative byBombay Girni Kamgar Union and Bombay MillOwners Association but dispute was referred toCourt of Inquiry under justice H.C Pearson, Judgeof Calcutta High Court under Trade Dispute Act .The strike ended in disaster as resources were

strained



1938 strike in 3 collieries of Bird & Co.led byProf. Abdul Bari for improving wages and

working conditions for 3 months strike wasunsuccessful but led to formation of Chhottanagpur Mazdoor Sanghwhich raiseda demand for DA during world war II and

succeeded in securing an agreement fromIndian Miners Association to raise wages by10% which was known as DA



World war II

In 1939 world war II broke, price rised many strikesin Bombay, Ahmedabad, Cawnpore , Calcuttafor payment of dearness allowance. 2 Oct 1939and 26Jan1940political protest token strike against war

imposition and re-istablishment of bureaucratic rulepromoted by communist after Hitler attack onRussia. By year end many were arrested andnewspapers- National Front and Kranti were

banned. Govt. promulgated rule 81A whichprohibited strikes and lockout but at same timeprovided a machinery for adjudication for settlement of industrial disputes



Monghyr -strike of tobacco workers in 1940 to

consider long term grievances regarding pay

scales and allowances , strike ended after 4months in settlement.



POST INDEPENDENCE

8 Sept 1947 Imperial Bank of India called a strikedemanding payment of bonus, strike was called off on 13 Sept on referrence of dispute to tribunal.

2500 workers of Air India struck work on 18 Feb

1949 demanding increase in wages and DA andreduction in working hours. The Sheriff of Bombayintervened and called off the strike and dispute wasreferred for adjudication.

Politically backed by Communist strike of All IndiaRailwaymen Association on 9 March 1949ondissatisfaction from first pay commission. Govt tookstrict measures and strike failed.



23 Sept 1949 one day token strike by defence employees

in protest of unsympathetic attitude of Govt. w.r.t mass

retrenchment and service conditions. Strike was peaceful

and Govt. set up a committee to look into the matter.

More than 4000 employees of Burmah Shell& Stanvac oil

companies struck on 28Feb 1950 against discharge of

President of union, strike called off on 14 March and

dispute was referred to Ministry of Home Affairs 14Aug1950 second largest Bombay Textile Mill strike

joined by dyeing , bleaching and wollen mills on

dissatisfaction of bonusloosing 92,11,117 mandays. Govt

opposed the strike and there were firing and arrest, which

gained sympathy of foreign labour organisations. Criminal

cases were filed against president and secretary of Mill

Mazdoor sabha for illegal strike sentenced 6months

imprisonment and fine Rs1000/ strike withdrawn and

unsuccessful.



Historic strike in railways in 1960, 1968 and 1974

led by communist on pays and allowances , hours

of work, leave and victimisations. Strike in Punjab National Bank ; issue being leave

and absenteeism

Countries largest strike by State Bank of India onissue of pension

Strike against govt. policies and privatization of

airport

Srike against qouta based reservation in eliteeducation institutions of Tamil Nadu



Politically backed Postal strike in 2000

Strike in Honda Motors Gurgoan

Stike by employees of Air India on issues of incentives and benefits

Strike against anti-labour policies of government

and dissatisfaction from sixth pay commission on

20 Aug 2008 in West Bengal and Kerela



Analysis Of Strikes and Lockouts

* % of avg total no industrial disputes per yr

**% of avg total no of mandays lost due to industrialdisputes per yr

1965-

69

1970-

74

1975-

79

1980-

84

1985-

89

1990-

94

*average % of

lockout10.6 11.9 13.4 16.4 29.4 31.1

**average % of

mandays lostdue to lockout

29.3 25.9 36.3 36.4 58.8 59

Avg mandays lost

per year per

worker(M) strike

lockout

7.8

29

9.2

30.4

10.6

50

21.4

63.1

9.9

84.9

12.3

45.2



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strikes and lockouts in india 1

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