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 public utility services, also state that is it true that these services can be carried out only by government and public Companies?

Answer & Explanation:

According to Section 2(n) of the Industrial Disputes Act, 1947 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 of the ID Act 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 the Act, for such period as may be specified in the notification. In view of the above it is not true that public utility services can be carried out only by government and public companies.

Topics: Industrial Disputes Act, 1947

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