There arose a dispute between the management and two rival trade unions over the dismissal of some employees. Both the trade unions served notices for strike on the management on 21st July 2018, specifying their demands
CS Professional · Labour Laws & Practice · PYQS · December 2019
There arose a dispute between the management and two rival trade unions over the dismissal of some employees. Both the trade unions served notices for strike on the management on 21st July 2018, specifying their demands and their intention to go on strike from 10th August 2018. An attempt was made to conciliate between parties involved and conciliation proceedings lasted between 26th July 2018 to 8th August 2018. A failure report was sent to the Government by the Conciliation officer. A large number of workmen went on strike on 10th August, 2018. The management of the company alleged that they forcibly entered the company's premises and other places and obstructed the work of the loyal workers. The workmen turned violent and therefore the District Magistrate issued prohibitory orders on 10th August 2018. On the same day, the company declared a lock out. Around a week later on 19th August 2018, the trade unions called off the strike, whereas company lifted the lock out on 27th August 2018. The company suspended those workmen whom it claimed to have obstructed the loyal ones and dismissed those who were convicted for violation of prohibitory orders. The Industrial Tribunal held that the strike although illegal, was justified, and the company was not entitled to dismiss the workmen. The company was directed to reinstate the workers except those who have been convicted under Indian Penal Code. It was also directed to reinstate the workers dismissed originally due to which the dispute arose. The company wants to appeal against this order by special leave to the Supreme Court. Explain the meaning of 'justified' and 'unjustified' strikes.
Answer & Explanation:
If a strike is in contravention of the provisions of the Industrial Disputes Act, 1947, it is an illegal strike. Since strike is the essence of collective bargaining, if workers resort to strike to press for their legitimate rights, then it is justified. Whether strike is justified or unjustified will depend upon the fairness and reasonableness of the demands of workers. In the case of Chandramalai Estate v. Its Workmen, (1960) II L.L.J. 243 (S.C.) , the Supreme Court observed: 'While on the one hand it be remembered that strike is a legitimate and sometimes unavoidable weapon in the hands of labour, it is equally important to remember that indiscriminate and hasty use of this weapon should not be encouraged. It will not be right for labour to think that for any kind of demand a strike can be commenced with impunity without exhausting reasonable avenues for peaceful achievement of its objects. There may be cases where the demand is of such an urgent and serious nature that it would not be reasonable to expect labour to wait till after asking the Government to make a reference. In such cases, strike even before such a request has been made, will be justified'. If workmen go on strike without contravening statutory requirements, in support of their demands, the strike will be justified. In the beginning strike was justified but later on workmen indulged in violence, so it will become unjustified.
Topics: Industrial Disputes Act, 1947
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