Two Notices under I.D ACT
SARAVANAN.R
(Querist) 04 March 2009
This query is : Resolved
Sir,
In I.D ACT, prohibition of Strikes and Lockout is mentined in the relevant sections. My question is why this two notices are necessary.
Please tell me whether I am correct in assuming that In six weeks notice, date is not specified. In 14 days notice, date and time is clearly specified.
Please feel free to answer this.
Guest
(Expert) 04 March 2009
It appears to me you are correct. Further, these notices are required in the case of public utility services only.
Next, somewhere, you showed your anxiety about increasing lock-out situations in your area. See Section 10(3) and how we can apply it for the advantage of the workers. For example, management imposed a lock-out. You raise an industrial dispute on the very day before the ALC, framing proposed terms of reference - "Whether the lock-out is illegal/unjustified or not? If so, whether the workmen are entitled to the wages from the first day of lock-out, i.e., dd//mm/yyyy till the date of reference? You get the reference send to the labour court.
Now, Sectin 10(3) comes into play. As the matter related to the lockout is pending before the labour court, the appropriate government (labour commissioner / labour secretary) is competent enough to issue a government order "prohibiting the continuation of lock-out". You have to force the government to issue such an order. Once, this order is issued, there will be pressure on the owner of the factory to lift-off the lock out or pay the wages to the workers from the date of the Government Order or get a stay in the High Court.
I hope I clearly explained the position.
H. S. Thukral
(Expert) 04 March 2009
Dear Mr. Prabhakar
I think what Mr. Sarvana has asked is different than what you have understood. The query is regarding not so clear section 22 of Industrial Dispute Act. I have made a feeble attempt to clarify the matter in the repeat query in these columns. Since you seem to be having good knowledge of labour law,kindly go through it and let me know whether I am correct or not.
Guest
(Expert) 05 March 2009
Mr. Thukral is totally correct in respect of notices. For the benefit of Mr. Saravanan, I quote from O.P. Malhotra's treatise on I.D. Act, on this particular point:
"If the workmen proposed to go on strike on 15th October, 1985, the notice of strike should be given on any date not earlier than 1st September and not later than 1st October specifying therein that the strike will be resorted to on 14th October."
This will fulfill all the mandatory conditions of Section 22 (1) (a),(b) & (c) and also clarifies that only one notice fulfilling all the conditions can be drawn.
Remaining part of my answer in respect of lock-out relates to some other question asked by Mr. Saravanan. Hence, a little bit confusion has arisen.
B.B.R.Goud.
(Expert) 07 March 2009
you need to elucidate the brief, in detail.
