LOCK OUT IN THE FACTORIES NOT COMING UNDER PUBLIC UTILITY SERVICES
SARAVANAN.R
(Querist) 11 March 2009
This query is : Resolved
Sir,
What I meant was, if the management is not coming for conciliation, or if it is not inclined to solve the problem, just as it happened in Alleppey, can the Government interfere or take the measures that will benefit the society as a whole, in the form of selling the land or taking over the factory or selling the factory to a public sector undertaking or a private management.
SARAVANAN
H. S. Thukral
(Expert) 11 March 2009
An employer has a right to organise his business as he likes without violating the law. An employer can not be forced to run his establishment when it is making losses and in such cases a closure, retrenchment, layoff will be justified if proceeded in compliance with law. Similarly when the employer finds it difficult to run his business becasue of strikes, gheraos, violence on the premises etc he can declare a lockout. Most of such incidencts, I have seen in my experience is when a trade union of workmen belonging to establishment is influenced by the outsiders. There are lesser numbers of lockouts in establishments where inhouse union of employees is in control.
Coming to your problem, you can raise an industrial dispute to adjudicate whether the lockout is egal or illegal.
In special circumstances when there is violation of law and livelihood of workmen is jeopardised, High Court can be approached under its writ powers.
Government can not take over unless the organisation go in liquidation and rights of workmen like wages/gratuity etc are in peril.
A. A. JOSE
(Expert) 13 March 2009
I fully agree with above views.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
