STRIKES AND LOCK-OUTS

Group 2

Apil Sharma

Abhinandan Soharu

Prince Garg

Rakesh Naag

INDUSTRIAL RELATIONS

LABOUR RELATIONSEMPLOYER- EMPLOYEE RELATIONSGROUP RELATIONSPUBLIC RELATIONS

DETERMINANTS OF IRINSTITUTIONAL FACTORSECONOMIC FACTORSTECHNOLOGICAL FACTORS

STRIKESection 2 (q) of the Industrial Disputes Act. 1947 defines “strike” as:a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal; or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.

TYPES OF STRIKE

GENERAL STRIKEGO SLOW PEN DOWN/ TOOL DOWNWILD CAT STRIKESYMPATHY STRIKEJURISDICTIONAL STRIKEHUNGER STRIKE

SICK OUT STRIKEWORK TO RULE STRIKEUNFAIR 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 India Section 23 prohibits strikes and lock-outs:No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workmen shall declare a lock-out,

(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

labour Court, Tribunal or National Tribunal and two 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 a notification 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 matters covered by the settlement or award.

Additional Restrictions on Strikes and Lock-out in Public Utility Services

1) 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. As herein after provided. within six weeks before striking; or

(b) within fourteen days of giving such notice; or(c) before the expiry of the date of strike specified in

any such notice as aforesaid; or(d) during the pendency of any conciliation

proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

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

(a) without giving them notice of lock-out as hereinafter 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

specified in any such notice as aforesaid; or(d) during the pendency of any conciliations

proceedings before a concUiation officer and seven days after the conclusion of such proceedings

Penalty for Illegal Strikes and Lock-outs A workman who is involved in an illegal strike can be penalized with imprisonment for a term extendable to a month or with a fine or fifty rupees or both. In similar way, an employer who initiates and continues a lockout is punishable with imprisonment extendable to a month or with a fine of one thousand rupees or both. According to Section 25 of Industrial Disputes Act 1947, no person should provide any sort of financial aid to any illegal strike or lock-out. Any person who knowingly provides such a help in support of any illegal strike or lock-out is punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both

Methods used by employers to deal with strikes Strike preparation Strike breaking Union bustingLockout

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 on issue of pension

Strike against govt. policies and privatization of airport

Srike against qouta based reservation in elite education institutions of Tamil Nadu

Politically backed Postal strike in 2000Strike in Honda Motors GurgoanStike by employees of Air India on issues of

incentives and benefitsStrike 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 industrial disputes per yr

1965-69

1970-74

1975-79

1980-84

1985-89

1990-94

*average % of lockout

10.6 11.9 13.4 16.4 29.4 31.1

**average % of mandays lost due to lockout

29.3 25.9 36.3 36.4 58.8 59

Avg mandays lost per year per worker(M) strikelockout

7.829

9.230.4

10.650

21.463.1

9.984.9

12.345.2

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