Q.8. How can we prohibit strike and lock out.
Ans. Prohibition of Strikes and Lock-Outs: -
Employees are prohibited from striking according to the section 22 of Industrial Disputes Act 1947. Employees, who are working in a public utility service, cannot go on a strike without giving a notice of strike within the six weeks before striking. They can not go on strike either within fourteen days of providing the strike notice or before the expiry of the date of strike specified in any such notice. The same rule applies to the employers. Employers who are carrying on a public utility service can not lockout any of their employees without giving them a prior notice within six weeks before the lock out or within the fourteen days of giving such a notice. Moreover, the notice of strike or lockout is to be given in a prescribed manner showing the number of persons involved in the strike/lockout.
The notice of strike or lockout is not necessary when there is already a strike or lockout going on in the company. However, a notice should be issued on the day on which the lockout is declared just to intimate the appropriate authorities about the lockout. The employer is supposed to report the number of notices of strikes received by him to the appropriate Government or the authority prescribed by the government within the five days of receiving such notices.
Illegal Strikes and Lock-Outs: -
A strike or a lock-out is illegal if it is declared in noncompliance with the section 22 of Industrial Disputes Act 1947, that is, if the notice period is not served or if the strike is held within the fourteen days of issuing the notice of strike. If a strike or lockout has already taken place and is being referred to a Board, the continuance of such a strike or lock out is not illegal provided it is in compliance with the provisions of act. Moreover, a lockout declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.
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.
Q.9. What are the tri-partite and bi-partite machineries? What is the difference between the two bodies? (AKTU. 2010 - 11)
Ans. Tri-Partite Machineries: -
A large number of tripartite bodies have been set up by the government to provide a forum of discussion and consultation on various labour-related issues. Among these bodies, a few notatable ones are : (1) The Indian Labour Conference (ILC); (2) The Standing Labour Committee (SLC); (3) The Committe on Conventions; (4) The Industrial Committee; and (5) Other bodies of tripartite nature dealing with various aspects of labour problems.
Both ILC and SLC are two important constituents of tripartite bodies. They play a vital role in shaping, the industrial relations system of the country.
Objects and Functions of ILC and SLC
The objects of the Indian Labour Conference (ILC) are
(a) To promote uniformity in labour legislation;
(b) To lay down a procedure for the settlement of industrial disputes; and
(c) To discuss all matters of all-India importance as between employers and employees.
The main function of the ILC is to “advise the Government of India on any matter referred to it for advice, taking into account suggestions made by the provincial government, the states and representatives of the organisations of workers and employers.” The Standing Labour Committee’s main function is to “consider and examine such qusestions as may be referred to it by the Plenary Conference or the Central Government, and to render advice taking into account the suggestions made by various governments, workers and employers.”
The representatives of the workers and employers were nominated to these bodies by the Central Government in consultation with the all-India organisations of workers and employers. The ILC meets once a year whereas the SLC meets as and when necessary.
