Labour laws course materials




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NOTES


Conciliation proceedings shall be deemed to be concluded only when failure report of conciliation officer reaches appropriate Govt - 1996 (2) LLJ 600 (SC).
21. Certain matters to be kept confidential.- There shall not be included in any report or award under this Act any information obtained by a conciliation officer, Board, Court, Labour Court, Tribunal, National Tribunal or an arbitrator in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such officer, Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator, if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer, Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator, as the case may be, that such information shall be treated as confidential; nor shall such conciliation officer or any individual member of the Board, or Court or the presiding officer of the Labour Court, Tribunal or National Tribunal or the arbitrator or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be:

Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).


CHAPTER V

STRIKES AND LOCK-OUTS

22. Prohibition of strikes and lock-outs.- (1) 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, as herein-after provided, 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; or

  • (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

(2) No employer carrying on any public utility service shall lock-out any of his workmen -

  • (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking out; or

  • (b) 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; or

  • (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services.

(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.

(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.

(6) If on any day an employer receives from any persons employed by him any such notices as are referred to in sub-section (1) or gives to any persons employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe the number of such notices received or given on that day.



NOTES

Wages for strike period – It is held the workmen are entitled to wages for strike period only if the strike was both legal and justified – Question of fact can only be decided on evidence on record – AIR 1995 SC 319.



23. General prohibition of strikes and lock-outs.- No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out -

  • (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings;

  • (b) during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings;

  • (bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or

  • (c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.

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) of section 10A.

(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, an arbitrator, a Labour Court, Tribunal or National Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of section 10 or sub-section (4A) of section 10A.

(3) A lock-out 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.



25. Prohibition of financial aid to illegal strikes and lock-outs.- No person shall knowingly expend or apply any money in direct furtherance of support of any illegal strike or lock-out.

CHAPTER VA

LAY-OFF AND RETRENCHMENT

25A. Application of Sections 25C to 25E. - (1) Sections 25C to 25E inclusive shall not apply to industrial establishments to which Chapter V-B applies, or -

  • (a) to industrial establishments in which less than fifty workmen on an average per working day have been employed in the preceding calender month; or

  • (b) to industrial establishments which are of seasonal character or in which work is performed only intermittently.

(2) If a question arises wether an industrial establishment is of a seasonal character or wether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.

Explanation. - In this section and in Section 25C, 25D and 25E, "industrial establishment" means -



  • (i) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948); or

  • (ii) a mine as defined in clause (j) of Section 2 of the Mines Act, 1952 (35 of 1952); or

  • (iii) a plantation as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951).

25B. Definition of continuous service.- For the purposes of this Chapter, -

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman;

(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer -


  • (a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

    • (i) one hundred and ninety days in the case of a workman employed below ground in a mine; and

    • (ii) two hundred and forty days, in any other case;

  • (b) for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

    • (i) ninety-five days, in the case of a workman employed below ground in a mine; and

    • (ii) one hundred and twenty days, in any other case.

Explanation.- For the purposes of clause (2), the number of days on which a workman has actually worked under an employer shall include the days on which -

  • (i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under this Act or under any other law applicable to the industrial establishment;

  • (ii) he has been on leave with full wages, earned in the previous years;

  • (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and

  • (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.


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