With cessation of work happening in various companies such as Kingfisher, Maruti, Air India, and others, “strike” is the most burning topic. Strike is a weapon used by workers and union to agitate their demands. It is generally done for higher salaries, incentives, perks, general demands, allowances, termination of workers, policies of leaves, holidays, hours of working etc.
Every strike is not illegal and workers enjoy the right to resort to strike, whenever they are so placed, in order to express their grievances or to make certain demands. There is no doubt that the Industrial Disputes Act recognises strikes as a legitimate weapon in the matters of industrial relations. This, however, should not be misused, as there could be serious consequences resulting in mass terminations, loss of production, loss to economy etc.
If the organisation is a public utility service, workers can’t go on strike unless they have given notices as per the Industrial Disputes Act. In case the procedure is not followed, the strike can be declared as illegal. It is clarified that strikes are not banned even in the case of public utility service; they are only subjected to certain limitations.
In any private industry, which is not a public utility service, strikes can’t be observed during the pendency of conciliation proceedings before the board, pendency of proceedings before labour court, tribunal, arbitration, etc. and also for stipulated time period pursuant to conclusion. Strikes also can’t be observed during such period for which there is a settlement or an award and for such demands covered by the terms of settlement or award.
Peaceful dharnas and demonstrations at a certain distance from the establishment are also permitted in law. Though causing violence is illegal. For such acts, injunctions can always be obtained from courts.
Other terms often used are slowdown, go-slow or partial strike, that is when the workers bring down the production level. Other kinds of strike are hunger strike, where there is deliberate starvation; sympathy strike in which a group of workers support the cause of another group of strikers; wild cat strike which is begun spontaneously without approval or intervention of union or without following any procedure; jurisdictional strike, etc.
For illegal strikes, go-slow, inducing other workers, and other such strikes, the employer can issue chargesheet, suspend, hold enquiries and dismiss the workers. This, however, can always be challenged in courts.
Unlike private sector, the Central Civil Service Rules and other provisions as well as judgements prohibit government employees to go on strike. There is also the Essential Services Maintenance Act to prevent strikes in essential industries such as public transport, doctors, or government employees, etc.
If strike is a weapon in the hand of workers, lockout is employer’s weapon. It is a temporary work stoppage in which an employer prevents employees from working to put pressure on them. Prohibitions in lockouts are similar to that of strikes stated above. Very extended strikes and lockouts can be prohibited by the government. Strikes and lockouts often paralyse the working of an industry to vast levels. Lots of industries are shut today due to labour unrest, causing loss to workers, employers and the country as well. Therefore, use of conciliation machinery of the government should be encouraged. If the dispute is not settled by conciliation, reference to labour courts and industrial tribunals can be made, with faster decisions in the same. Such steps can curb strikes and lockouts to a large extent, thus saving the industries and livelihood of many. Employees who intend to go on strike are hereby warned that there is serious risk of losing salaries and jobs as well.
Raavibirbal@gmail.com
Birbal is an advocate specialising in labour, civil, litigation and corporate laws
