strikes and lock outs in Private Sector

SARAVANAN.R (Querist) 18 March 2009 This query is : Resolved
Sirs,

I have got an elaborate explanation regarding legality and illegality of strikes and lock outs in PUBLIC UTILITY SERVICES.

In case of private enterprises, what is the procedure adopted for strike and lockouts.

In case, workmen has an industrial Dispute and resort to strike, whether two notices as mentioned in I.D Act is necessary?

In case, an employer resort to lock out, what is the procedure, whether the two notices are needed.

Does Standing Orders of an industrial establishment in Private Sector, contain any procedure for Strikes or lock outs.

I hope I have clarified my question. The earlier question in this connection still remains unanswered,and I received a mail saying that the question is not clear.

Hope I have clearly expressed my question.

Kindly advice

Saravanan

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H. S. Thukral (Expert) 18 March 2009
Mr. Saravanan

Your earlier queries were replied in clear terms by myself and my Ld. friend Mr. Prabhakar. There are not two notices. The section says that 14 days notice is to be given before resorting to strike. But this notice is not perpetual and is valid for six weeks. If you donot go on strike after two weeks and within six weeks then another notice shall be required. Mr. Prabhakar had quoted from the Malhotra's book on law of industrial dispute as

"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."

I hope you are clear on the issue of notices.
And the necessity of notice is only in public utility services both in private or public sector.

Standing orders are service conditions of employees and are framed by the employer on the guidelines of model standing orders and are certified by the labour authority after notice to the workers/union. Model standing orders donot provide for strikes or lockout. The employer may intorduce any order on closure due to strike.

I hope to have clarified the matter.