CB (20-27)

Question 1

strike definition

Answer 1

S2q
means 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.

Question 2

S22(1)

Answer 2

PUS Strike:
- notice 6 wks before
- S w/in 14 days of notice
- before expiry of date in notice
- not during or 7 days after conciliation

Question 3

S22(2)

Answer 3

PUS Lockout:
- notice 6 wks before
- L w/in 14 days of notice
- before expiry of date in notice
- not during or 7 days after conciliation

Question 4

S22(3)

Answer 4

notice not necessary where S/L already existing in PUS - ER should intimate on day of S/L - to specified auth. by app, Gov

Question 5

S22(6)

Answer 5

whoever receives notice of S/L should report to app govt / specified auth the number of such notices received or given w/in 5 DAYS

Question 6

Lockout defintion

Answer 6

the [temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him

Question 7

Lockout defintion

Answer 7

the [temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him

Question 8

S23

Answer 8

no S/L:
conciliation - during / 7 D.A
LC/tribunal/national tribunal - during / 2 M.A
arb (when notified under 10(3A) - during / 2 M.A
settlement / award in respect of matter covered when relevant to ID - during notice period

Question 9

Colliery Mazdoor Congress v. Beerbhum Coal Co.

Answer 9

Strike without giving notice u/s 22 – Claimed wages for a national holiday which fell during the strike period – SC held that they were not entitled to wages as the workmen were responsible, for the employer could not extract work from the workers.-Violation of Sec 22

Question 10

Madura Coats Ltd. v. Inspector of Factories, Madurai

Answer 10

If the date specified in the notice expires, a fresh notice has to be given. The notice provided for u/s 22 is mandatory.

Question 11

Mineral Minor’s Union v. Kudremukh Iron Ore Co. Ltd.

Answer 11

Once the strike is held to be illegal, the question of justifiability does not arise and the employees of public utility services are not entitled to seek wages for the strike period unless they prove that the strike was legal and justified

Question 12

S24

Answer 12

illegal S/L
contravention of s22 & 23
contravention of S10(3) and S10A(4A)

Question 13

S25

Answer 13

prohibition of financial aid to illegal S/L

Question 14

S10(3)

Answer 14

govt may by order prohibit continuance of S/L when referred to board/LC/LT/NT

Question 15

Bank of India V kelawala

Answer 15

Where the contract, Standing Orders or the service rules/regulations are silent on the subject of payment of wages during strike, the management has the power to deduct wages for absence from duty, when the absence is a concerted action on the part of the employees and the absence is not disputed.
The court held that where there are no rules or regulations on a particular subject, the authorities or the employers will retain the power to deduct the wages of the striking employees for the absence from duty. The Court further stated that the legality or justification of the strike was not of importance. The deduction of wages does not take away the right to strike and the employees know repercussions of the same

Question 16

Workmen of motor Industries co ltd V. Management of Motor Industries co.Ltd

Answer 16

A settlement between the association and management that no would resort to strike ot lockout without giving 4 days notice .
The management suspended one of the workmen pending an inquiry
In violation of this clause the workmen went on to strike on suspension of worker. The SC held that strike was not under illegal under sec 24 read with 23(c)

Question 17

India General Navigation v. Workmen, AIR 1960 SC 219

Answer 17

The court opined that the question of justified or unjustified is to be acknowledged in legal strikes only. Only in the case of legal and justified strike are the workmen entitled to wages.

Question 18

Crompton Greaves ltd. v. Workmen, AIR

Answer 18

held that the strike should not be considered as unjustified unless the reasons for the strike are entirely unreasonable or pertinacious.

Question 19

Commencement of Conciliation

Answer 19

date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or
on the date of the order referring the dispute to a Board

Question 20

Conclusion of Conciliation

Answer 20

where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute
where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate Government or
when the report of the Board is published under section 17, as the case may be
when a reference is made to an adjudicator under section 10 during the pendency of conciliation proceedings

Question 21

Commencement
Arbitrator under section 10A or before an Adjudicator

Answer 21

on the date or the reference of the dispute for arbitration or adjudication

Question 22

Conclusion of Arbitration or Adjudication

Answer 22

on the date on which the award becomes enforceable under section 17A.

Question 23

Syndicate Bank and Ors. v. K Umesh Nayak

Answer 23

The Court held that strikes have to be both justified and legal in order to receive wages.
The legality of the same would be checked by the Industrial tribunal and no other authority.
However, legality alone doesn’t guarantee wages.
The court observed the fact that the legality of the justifiability of the strike depends on the conditions of the strike such as urgency of the situation, nature of the issue or demand, working conditions, or why strike depends on the provisions of the I D Act and the dispute was not resolved without resorting to strike.

Question 24

T K Rangarajan v. State of Tamil Nadu

Answer 24

no fundamental/statutory/equitable right to strike and that government employees could not resort to strike. The Court stated that government employees cannot claim the right to strike, as they hold important positions with respect to welfare of the society. In the scenario where acts of injustice are committed against them, they have been given various redressal methods within the system itself.

Question 25

Indian Marine Service Pvt. Ltd. v. Their Workmen

Answer 25

It was held that, workers are entitled to full wages for the period of the entire lock-out if the lock-out was unjustified.
In the scenario of an illegal lock-out, the workers have no compulsion to go to work or take part in the conciliation proceedings. The employer cannot deny them wages for the same.
However, a lock-out that was declared after an illegal strike would mean both parties are at fault, so the workmen are only entitled to half of their wages during the period of lock-out.

Question 26

bandh

Answer 26

general strike, but wide area of application, not just one sector in industry but everything in area, more manipulative and violent

Question 27

gherao

Answer 27

“encirclement”, confine the employers physically till demands are met, could involve crimes of wrongful restrain, criminal trespass, threat to life, property

Question 28

slow-down

Answer 28

no stopping work but restrict rate of output to increase pressure

Question 29

work-to-rule

Answer 29

do no more than bare minimum set out in CoE, lowers productivity