A group of labourers from Bharat Railways Catering were having some conflict of interest with their management. They filed a case in front of labour commissioner to decide upon their issues and concerns. During the pende

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2018
A group of labourers from Bharat Railways Catering were having some conflict of interest with their management. They filed a case in front of labour commissioner to decide upon their issues and concerns. During the pendency of the matter, they suddenly went on a strike against the management stopping the entire work at the Company. This strike was not supported by any prior notice to the management. Is the strike in this manner valid ? Discuss the matter of issuing a notice before the strike in terms of Industrial Disputes Act, 1947.

Answer & Explanation:

The problem given in the instant question is covered under Section 22 of Industrial Dispute Act, 1947. In specific to this query, according to Section 22 (1) of Industrial Dispute 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 herein after 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 In view of the above provision, it could be stated that the strike conducted by labourers of Bharat Railways Catering was not valid.

Topics: Labour Laws

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