Professional Documents
Culture Documents
Table of Content
Table of Content
Table of Content
Prohibition of lockout
Section 22(1) puts straight restrictions on S&L in public utility services unless
mandatory provisions of law are observed.
Conditions:
a)Notice of S/L must be given to the employer or the wokmen within six weeks
before S/L
c)No S/L can be declared before the expiry of that specified date
d)Any Conciliation are pending before Conciliation officer,no strike can be called
or Lockout declared during the pendency of conciliation proceedings and 7 days
after the conclusions of such proceedings.
It lays down that no employer carrying on any public utility service shall Lockout
his workplace.
d)During pendency of any conciliation proceedings before C.O & a week after
such proceedings.
down that notice of strike shall be given by such number of person to those in
prescribed manner of section22(5)
Prohibition of Lockout
The prohibition as laid down in Section 22(2) against the employer is similar to
that against strike by workmen.
During the pendency of conciliation proceedings before a board & 7days after the
conclusion of such proceedings.
During the period in which a settlement or award is in operation ,in respect of any
of the matters covered by the settlement or award. But there is no bar to call strike
or declare lockout in respect to other matters.
A strike is called strictly in compliance with the provisions of the Act, eg: when
workman is imposed additional task.
If a strike is illegal then the guilty party is punishable under section 26 of the Act.
Even under Illegal strike a distinction has to be made between i) Illegal but
unjustified strike
A strike is justified if it has been raised for a good cause & carried in peaceful
manner.
ii) Any person who instigates or incites others to take part in an illegal S/L, is
punishable with imprisonment of six months or fine upto Rs1000/ or with both.
(Section 27)
iii) Any person who knowingly extends money in support of any illegal strike shall
be imprisoned for a term upto six months or fine upto Rs1000/ or with both.
(Section 28)
Lay Off
According to the Industrial disputes Act,1947 Lay Off means the failure,refusal or
inability of an employer on account of shortage of resources (raw material,
breakdown of machinery).
Under labor law- According to Industrial dispute Act,1947 the employers are
empowered to layoff its employees for other than the reasons (R/m, Breakdown
etc) specified under the Standing order Act.
The amended Industrial Disputes Act,1982 has following prohibition on lay off:
No workmen (other than casual workers) whose name is on the muster roles of an
industrial establishment shall be laid off by his employer except with the prior
permission of such Authority . Unless such layoff is due to shortage of power,
natural calamity.
If the refusal or the permission is not granted to the employer within a period of
two months from date on which the application is made the permission applied
shall be taken for granted on the expiry of two months.
If the application for permission has been made within period specified therein, or
where the permission for the lay off or the continuance of lay off has been refused,
such lay Off shall be treated as illegal from the date on which the workmen have
been laid off and they are entitled with all the benefits.
The provisions of section 25 C shall apply to cases of Lay off referred to in this
section. These provisions are applicable to all industrial establishments wherein not
less than three hundred workers are employed on an average per working day for
the proceeding twelve months.
The Industrial Disputes Act ,1947 does not lay down any procedure for the lay off.
The Industrial Disputes (central rules 1957),rules 75-A makes it obligatory on the
part of employer to provide a notice of the period of lay off within seven days of
commencement or termination of such lay off.
CONDITIONS:
a) The lay Off should occur due to something beyond the control of the employer.
c) Lay Off always occurs in a continuing concern ,when the concern is closed for
all time to come, lay off has no relevance.
d) Lay Off cannot be declared merely for the reason that the employer suffered
financial loss for reasons beyond his control, for such lay off should be unjustified
and invalid too ,the workman can claim full wages for the period of lay off.
Under Section 25C the workmen who are laid off are entitled to compensation.
even when the lay off is the result of settlement between the parties, the employer
is bound to pay lay off compensation unless the settlement expressly provides
otherwise.
If the lay off is due to orders of the government pertaining to the working hours in
an industry and the situation is beyond the control of the employer, lay off
compensation has to be paid.
He/she must have completed not less than one year of continuous for service.
on.
a) The workman of Section must have been laid off for reasons contemplated by
Section2(kkk)
b) Requirement of section 25 C must be fulfilled
He/she must have completed not less than one year of continuous for service.
a) The workman of Section must have been laid off for reasons contemplated by
Section2(kkk)
Continuous service
The authorized leave period, on full wages, earned in the previous year.
The period of absence due to temporary disablement caused by accident arising out
of and in course of employment.
In case of female, the period of maternity leave ,which should not exceed twelve
weeks.
Where a workman, who has been laid off does not present himself for work at least
once a day at the appointed time during normal business hours.
Where a laying off is due to strike or slowing down of production by the workman
in another part of establishment.
Retrenchment
The conditions are valid in case of retrenchment of an employee who have been in
service for not more than one year.
One month’s notice, in writing has been given to the workman indicating the
reason for retrenchment
Notice in prescribed manner has been served on the appropriate government within
three days of notice or payment to workman.
The workman has been paid, at the time of retrenchment compensation equivalent
to 15 days.
The workman must be a workman within the meaning of Section2(S) of the Act.
The workman should be employed in an establishment which is an industry within
the meaning of Section2(J) of the Act.
3.Retrenchment compensation
4.Continuous service
Such vacancies shall be notified on the notice board at least ten days before they
are to be filled.
Individual notice shall be given over post to all the retrenched employees eligible
to be considered therefore.
If the number of vacancies are less, then senior members are given the priority.
Standing Orders
The term ‘Standing Orders’ means rules relating to matters set out in the Schedule
of the Act.
The appropriate Govt. can exempt any establishment from any of the provisions of
the Act
Schedule
Shift working
Within 6 months of the application of the Act the employer shall submit the draft
standing orders
Certified standing orders have the force of law and the violation of any provision
shall be taken action
Certification
Certified standing orders have the force of law and the violation of any provision
shall be taken action
Appeal
Any employer, workman, trade union aggrieved by the order of the certifying
officer may, with in 30 days from the date on which copies of the certified standing
orders sent to them
the allowance shall be at the rate of 50% of the wage for the first 90 days of
suspension
The allowance shall be 75% of the wage after 90 days if the investigation is
delayed due to employer
Penalty
Any employer fails to submit draft standing orders or modifies it, shall be
punishable with fine which may extend to Rs. 5000.
In case of continuance of the above offence, fine up to Rs.200 per every day.