Can a company approach labour department to approve Temporary suspension of operation due to an illegal stay in strike by the workers
From India, Chennai
From India, Chennai
Dear Shriraj,
The right of the employer to deny employment to the existing workmen is not an absolute one. There should be primafacie case supported by concrete evidence and bonafide reasons. Suspension of operation, though the term is not found in any Labour Law to my limited knowledge, actually means temporary denial of employment as well as wages invoking breach of the contract of employment. Therefore you can not expect a statutory administrative authority like the State/Central LAbour Department to approve of such a counter-action by the employer. Ordinarily strike and lock-out are acts of breach of the contract of employment by the workmen and the employer respectively. When it is resorted to by the workmen or a lock-out declared by the employer in contravention of the provisions of sections 22 or 23 of the Industrial Disputes Act,1947, it is illegal as per sec.24(1)(i) of the Act. However, there is a deeming provision in sec24(3) that 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.
There is no mention whether the so-called illegal stay-in-strike is by all the workmen or a section of workmen. Suspension of operation can be total only whereas lock-out can be partial. So, be cautious. Better ascertain the actual reasons for the stay-in-strike and if they are justifiable and reasonable, try to set things right forthwith simultaneously convincing the striking people that there would be no wages for the period of illegal strike.
From India, Salem
6018The right of the employer to deny employment to the existing workmen is not an absolute one. There should be primafacie case supported by concrete evidence and bonafide reasons. Suspension of operation, though the term is not found in any Labour Law to my limited knowledge, actually means temporary denial of employment as well as wages invoking breach of the contract of employment. Therefore you can not expect a statutory administrative authority like the State/Central LAbour Department to approve of such a counter-action by the employer. Ordinarily strike and lock-out are acts of breach of the contract of employment by the workmen and the employer respectively. When it is resorted to by the workmen or a lock-out declared by the employer in contravention of the provisions of sections 22 or 23 of the Industrial Disputes Act,1947, it is illegal as per sec.24(1)(i) of the Act. However, there is a deeming provision in sec24(3) that 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.
There is no mention whether the so-called illegal stay-in-strike is by all the workmen or a section of workmen. Suspension of operation can be total only whereas lock-out can be partial. So, be cautious. Better ascertain the actual reasons for the stay-in-strike and if they are justifiable and reasonable, try to set things right forthwith simultaneously convincing the striking people that there would be no wages for the period of illegal strike.
From India, Salem
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