TM Power Ltd. is supplying power to the public. The workmen and management are planning for a strike and lock-out respectively. Examining the meaning of Public Utility Services, describe the prohibition of strikes and lo

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2023
TM Power Ltd. is supplying power to the public. The workmen and management are planning for a strike and lock-out respectively. Examining the meaning of Public Utility Services, describe the prohibition of strikes and lock-outs in a Public Utility Service under the Industrial Disputes Act, 1947.

Answer & Explanation:

In terms of the Industrial Disputes Act, 1947, the public utility service means- any railway service or any transport service for the carriage of passengers or goods by air; any service in, or in connection with the working of, any major port or dock; any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; any postal, telegraph or telephone service; any industry which supplies power, light or water to the public; any system of public conservancy or sanitation; any industry specified in the First Schedule which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification. Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension. Prohibition of strikes and lock-outs According to Section 22 of the Industrial Disputes Act, 1947: No person employed in a public utility service shall go on strike in breach of contract- without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or within fourteen days of giving such notice; or before the expiry of the date of strike specified in any such notice as aforesaid; or during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. No employer carrying on any public utility service shall lock-out any of his workmen- without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or within fourteen days of giving such notice; or before the expiry of the date of lock-out specified in any such notice as aforesaid; or during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services. The notice of strike shall be given by such number of persons to such person or persons and in such manner as may be prescribed. The notice of lock-out shall be given in such manner as may be prescribed. If on any day an employer receives from any person employed by him any such notices or gives to any persons employed by him any such notices, he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day.

Topics: Industrial Law

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