Which Is an Illegal Industrial Action as per Law
Article 24 provides that a strike contrary to articles 22 and 23 is illegal. This section is reproduced below: Gherao means surrounded in Hindi. This is a collective action initiated by a group of workers to prohibit management members from leaving the premises by workers who block exit doors by erecting human barricades. Workers can harass management by blocking their exits and forcing them to stay in their cabins. The main objective of Gherao is to inflict physical and mental torture on the person who is Gherao, and therefore this weapon interferes with the peace of work to a great extent. Unions sometimes hold “advisory” or “indicative” votes to ask their members if they would be willing to take industrial action on a particular issue. Trade unions are free to hold these votes in accordance with their statutes. However, the union must hold another ballot if it wants to continue industrial action. Sometimes unions vote for their members to end industrial action after it has begun, or on the employer`s offers to end the dispute in question. These votes are not required by law and it is up to the unions to decide, according to their rules, whether or not to order. The court may be willing to issue an injunction against the union if it cannot hear your case immediately. An injunction prohibits the union from organizing the class action you are complaining about until the case has been heard.
Employer`s right to compensation for losses caused by illegal strikes – A properly conducted election gives you the choice to participate or pursue industrial action. You have the right to apply for an injunction if your union asks you to do so without making such a claim. It is recommended to consult a lawyer before going to court. You do not have to participate in industrial action if you do not wish to (even if the majority voted in favour). Your union cannot discipline you for this or any other reason deemed unjustified. The following strikes are illegal and employees who participate in such strikes lose NLRA protection: In India, unlike America, the right to strike is not explicitly recognized by law. The Trade Union Act of 1926 provided for the first time for a limited right to strike by legalizing certain activities of a registered trade union to promote a labour dispute that would otherwise be contrary to general commercial law.1 Today, the right to strike is recognized only to a limited extent, which is permitted within the limits set by the law itself. as a legitimate weapon of trade unions. The statement states: “With regard to the transfer/posting of workers from one factory to another, it is customary in the enterprise to transfer workers to other factories on the basis of skill and demand requirements.
In the current context, the union has filed four lawsuits in court challenging the transfer of workers from Chakan to other companies. In three injunction cases, the Pune Labour Court ruled in its preliminary injunction that the company had every right to transfer workers from one factory to other factories in the company. The management of VKKS is always unreasonable and makes unrelated requests. In the last wage review, scheduled for April 2013, the union made an equally unrealistic demand for workers` action and resorted to a strike that lasted 50 days and caused workers huge financial losses, finally realizing their mistakes and returning to work unconditionally. This time, it is the demand for reinstatement of the dismissed workers. The union should not address issues that do not exist in practice and offer full support for the growth and development of the company, rather than creating unnecessary obstacles to the proper functioning of the company,” the statement said. Section 2 (q) of the said Act defines the term strike, it stipulates that the term “strike” means a termination of work by a group of persons employed in an industry acting in combination, or a concerted refusal or refusal according to a common understanding of a number of persons who are or have been so employed, to continue working or to hold employment. If workers wish to strike, they must follow the procedure provided for by law, otherwise the strike is considered an illegal strike. Section 22 (1) of the Industrial Disputes Act seeks to promote professional peace and harmony through the establishment of instruments and procedures for the investigation and settlement of labour disputes through negotiation. The Identity Act 1947 also has the following objectives: The Code of Practice on Ballots and Industrial Action Notices and sections 22 and 25 of the Labour Relations Act 2004, relating to notices of industrial action, came into force on 1 October 2005.
This means that your periods of employment before and after the class action are generally counted towards your total seniority. This is important if you have certain rights under your employment contract (e.g. Your pension) and certain statutory rights (e.g. statutory severance pay). In Kambalingan v. Indian Metal & Metallurgical Corporation, the Supreme Court considered the issue on the basis of the essential elements of the strike and concluded that while workers who resort to a benevolent strike do not have to complain on their own to their employer or even to working conditions, the element of mens rea, That is to say, the mental element on the part of the strikes, is not there to put pressure on his employer to remedy the situation. their complaint. In fact, there was no hostility on the part of the workers towards their own employer and, since the essential element of mens rea is absent, the sympathy strike cannot be considered a strike within the meaning of article 2(q), and management can take disciplinary action against these workers. A strike announcement within six weeks of the strike is not required if a lockout already exists.
In Mineral Miner Union v. Kudremukh5 Iron Ore Co. Ltd. has been decided that the provisions of Article 22 are binding and that the date on which the workers intend to go on strike must be indicated in the notice. If, in the meantime, the strike date indicated in the strike notice expires, the workers must terminate it again.