Strike Horrer

8/2/2019 Strike Horrer

1/20

STRIKE


2/20

DEFINITION

Section 2(q), Strike means a cessation ofwork by a body of persons employed inany industry acting in combination, or a

concerted refusal, or a refusal under acommon understanding of any number ofpersons who are or have been employed

to continue to work or to acceptemployment.


3/20

CONT.

A general strike is one when there is aconcert of combination of workersstopping or refusing to resume work.


4/20

TYPES OF STRIKE

1. Stay-in, sit-down, pen-down or tool-downstrike or primary strike: the workmenafter taking their seats, refuse to do work.

Even when asked to leave the premises,they refuse to do so.

2. Go-slow: It does not amount to strike, but

it is a serious case of misconduct.Delaying production, machinery on lowspeed.


5/20

CONT.

3. Sympathetic strike: Cessation of work inthe support of the demands of workmenbelonging to other employer is called

sympathetic strike.

4. Hunger strike: Some workers may resortto fast on or near the place of work or

residence of the employer.


6/20


7/20


8/20

Lock-out

It means the temporary closing of a placeof employment or the suspension of work,or the refusal by an employer to continue

to employ any number of personsemployed by him.


9/20

STRIKES AND LOCK-OUTS

SECTION 22: Prohibition of strikes and lock

outs1. 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,

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; ord. During the pendency of any conciliation

proceedings before a conciliation officer andseven days after the conclusion of suchproceedings.


10/20

CONT.

2. no employer carrying on any public utilityservice shall lock-out any of his workmen-

a. Without giving them notice of lock-out as hereinafter provided, within six weeks before locking

out; orb. 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; ord. During the pendency of any conciliation

proceedings before a conciliation officer andseven days after the conclusion of such

proceedings.


11/20

CONT.

3. The notice of lock-out or strike under thissection shall not be necessary where there isalready in existence a strike or, as the case maybe, lock-out in the public utility service, but theemployer shall send intimation of such lock-outor strike on the day on which it is declared, to

such authority as may be specified by theappropriate Government either generally or for aparticular area or for a particular class of publicutility service.


12/20

CONT.

6. If on any day an employer receives from anypersons employed by him any such notices asare referred to in sub-section (1) or gives to anypersons employed by him any such notices as

are referred to in sub-section (2), he shall withinfive days thereof report to the appropriateGovernment or to such authority as thatGovernment may prescribe the number of such

notices received or given on that day.


13/20

CONT. SECTION 23: GENERAL PROHIBITION OF STRIKES

AND LOCK-OUTS

No workman who is employed in any industrialestablishment shall go on strike in breach of contract andno employer of any such workman shall declare a lock-out-

a. During the pendency of conciliation proceedings beforea Board and seven days after conclusion of suchproceedings;

b. During the pendency of proceedings before aLabour Court, tribunal or National Tribunal andtwo months after the conclusion of such

proceedings.


14/20

CONT.

bb. During the pendency of arbitration proceedingsbefore an arbitrator and two months after theconclusion of such proceedings, where a

notification has been issued under sub-section(3A) of section 10A; or

c. During any period in which settlement or awardis in operation, in respect of any matters covered

by the settlement or award.


15/20

SECTION 24: Illegal Strikes and lock-outs

1. A strike or a lock-out shall be illegal if-i. It is commenced or declared in contravention of section

22 or section 23; or

ii. It is continued in contravention of an order made under

sub-section (3) of section 10 or sub-section (4A) ofsection 10A.

2. Where a strike or lock-out in pursuance of an industrialdispute has already commenced and is existence at thetime of the reference of the dispute to a board , anarbitrator, a Labor Court, Tribunal or national tribunal,the continuance of such strike or Lock-out shall not bedeemed to be illegal.


16/20


17/20

SECTION 25: Prohibition of financial aid to illegal strikesand lock-outs

No person shall knowingly expend or apply anymoney in direct furtherance of support of anyillegal strike or lock-out.


18/20

PENALTIES

Section 26: Penalty for illegal strikes and lock-outs1. Workmen shall be punishable with

imprisonment for a term which may extend toone month, or with fine which may extend to

fifty rupees or with both.2. Any employer who commences, continues, or

otherwise acts in furtherance of a lock-outwhich is illegal under this Act, shall bepunishable with imprisonment for a term whichmay extend to one month, or with fine whichmay extend to one thousand rupees, or with

both.


19/20

SECTION 28: Penalty for giving financial aid to illegal strikeand lock-outs

Person shall be punishable with imprisonmentfor a term which may extend to six months, orwith fine which may extend to one thousand

rupees, or with both.


20/20

LAY-OFF

Strike Horrer

Documents

Transcript of Strike Horrer