Hi,
In the last post, I only talked about the strikes in a Public Utility Industry. In this post, I will try to be comprehensive about the subject! I will confine to Maharashtra as that is where I work. Different States may have different provisions (though these can't be materially different from each other).
Everyone has a right to strike! Public Utility Industry's right is ferreted as explained in the last post. But all other industries can strike even without notice. (Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act has some overlapping provisions also.)
The terms strike, lock-out, lay-off, retrenchment, and closure are all defined in the Industrial Disputes Act of 1947.
A strike or a lock-out may be legal or illegal. What is important is that not only at imposition but throughout its continuance it must also be justifiable. These actions must be legal and justifiable. When no notice is required to be given, a strike commenced suddenly may be legal at imposition but not necessarily justifiable.
The law does not compel parties per se to necessarily pay for the duration of the action. The party that imposes an action does so on the conviction that its action is legal and justified. Therefore, the aggrieved party has to "claim" wages by calling the strike/lock-out to be illegal and then proving it to be so!
A strike or a lock-out is the last weapon in the hands of the respective parties. When all else fails (collective bargaining, conciliation, etc.), a party may resort to such an action in an effort to force the other party to see things its way and concede its demands.
If the dispute over which the action was initiated, the party may, while settling the main dispute, settle this matter also - one way or the other. Even if matters involving wages for the strike or the lock-out period go to court for judicial determination, the parties are free to continue a dialogue and settle the matter "out of court," but then they will have to obtain an "award in terms of the settlement." This is not very difficult once the court finds the settlement fair and amicable!
Now, look, I think I have said a lot and even scratched the surface. Every question connected with this subject is intertwined with some aspect of law and case law, and therefore the bare act is to be followed carefully.
I would be in a position to help you better if you raise specific questions. For the time being, your question/s have been answered!
Tell me you are satisfied or raise questions till you are!!
Regards,
Samvedan
August 14, 2006