Strike by Trade Union
S. Srinivasa Prasad
(Querist) 18 November 2009
This query is : Resolved
Respected Seniors,
There is a dispute in one of my client's manufacturing units at Factory. The Trade Union has threatened the Management that, it will go on strike.
My requirement is :
1. What is the procedure to be followed by the Trade Union i.e., Notices, compliances etc.
2. The applicable Acts viz., Industrial Disputes Act, 1947 & Trade Union Act, 1926.
3. Kindly give the compliances to be followed by the Trade Union before going on stike.
4. And also the compliances to be followed by the Management.
S. Srinivasa Prasad, one of the members of the Club.
Guest
(Expert) 18 November 2009
The union must give prior written notice to the management before it resorts to strike. The strike and notices, compliances are governed by Trade Union Act. please refer the said act, for further course of action.
H. S. Thukral
(Expert) 18 November 2009
If the factory is not a public Utility Service then no notice requirement is there before the the workmen strike work. The provisions for prohibitions of strikes are in Industrial Dispute Act and not in TRade Union Act.
Even then a strike can be illegal if it is being resorted to without valid reasons. The workmen could be held liable for misconduct. Your client should immediately put a notice that the proposed strike is illegal and the management shall take disciplinary action against the striking workers beside applying principles of no work no pay.
Raj Kumar Makkad
(Expert) 18 November 2009
I fully go with Harbhajan ji. Paste the notice on the gate of the factory clearly stating therein that the proposed illegal strike shall harm the factory to the tune of lakhs of amount and all the striking employees/workers shall personally be liable for such harm.
