National Strike call on Holiday wage-cut
Nabin Mishra
(Querist) 26 August 2009
This query is : Resolved
I am a staff of State Bank of India, our association had declared two days strike on 6th & 7th of August 2009. But our branch remains closed on Thursday as weekly holiday and 6th august 2009 was on Thursday. We had supported the strike. The management did the wagecut for both the days. Is it justified
Kiran Kumar
(Expert) 26 August 2009
you make a proper representation, in this regard, before the higher authorities.
Sarvesh Kumar Sharma Advocate
(Expert) 26 August 2009
mishra ji,
give a memorundum to branch manager and also copy to higher authorities.
it is unjustisfy even strike is also unjustify if wage-cut by b.m. it means they gives legaliz that strike.
Bhumik Dave
(Expert) 26 August 2009
Mr. Prabhakar is correct
Shashikant V. Patil
(Expert) 27 August 2009
Mishraji, you your self admitting that we have supported strike i.e. as declared by association for two days. It is irrespective of holiday or whatsoever and therefore this amount to your wagecut for two days.
Nabin Mishra
(Querist) 27 August 2009
Perhaps our experts could not understand the matter correctly.
I wanted to know whether it is according to law or any judgements of courts.
Strike as per the ID Act may be illegal as it is in most cases.
You may observe the strike outside the employer's premises. Bcoz one in strike has decided to not goto work & as for on the basis of law of no work no pay the management decides to not to pay the employee for strike period, provided it takes it as illegal. secondly, if the strike day is on a holiday when he is not required to work then wagecut on the basis of no work no pay is not justified. As per rule on that day he has observe the strike out side say putting on black badge,giving slogan, etc. to show his resentment in support of the strike. Strike is to show resentment not to cut wage. wage cut for no work no pay. It is not two side of coin so that both must occurred simultaneously.
You may say if one on leave then. Yes he has to give in write that has is not to participate in strike and want to work for the management. Then it is different. But if it is holiday and itis not cancelled then the problem arises.
above all, I wanted to know what the ID Act, Labour Laws say under this conditions. But members said their personal views. They are also right as if most of the strikers loosing for two days wage. Naturally they should be envy of these members. But keep in mind, on strike means generally a holiday without pay. In our case, if strike would be on 7th & 8th we could have enjoyed 3 holidays. we lost one holiday with loss of pay. Is not it?
Nabin Mishra
(Querist) 01 September 2009
I thought this forum is consist of experts on Indian Laws. But I turned stupid. Members of it have the only intention to show their name and photo on it freely. They lack knowledge on any legal subject.
good bye.
Kiran Kumar
(Expert) 03 September 2009
Nabin u r not just thankless but shameless as well.
no one is here to publish photos or cell numbers....for ur information none of the lawyers here are being paid and we reciece no. of calls on daily basis and we dont charge anything from any person.
all replies which were given to ur query were out of good intentions only....we may be lacking in knowledge but u r no good...in fact u wanted to read what u think in ur mind....if u have enough knowledge then better make ur own opinion...
we have no objection if u refer urself stupid....but dont say anything absurd about any of the members here if u r not satisfied....
if somebody comes forward to help u the do appreciate the gesture....but dont be shameless to say members lack legal knowledge on any legal subject.
hope u ll understand...we are not having any grudge against u, u are again welcome whenever u need help from any of the members.
Good Luck
