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Imp Notes Industrial Disputes PDF Download Industrial Disputes
Imp Notes Industrial Disputes PDF Download Industrial Disputes
9. What are the provisions for General Prohibition of Strikes and Lockouts?
No workman who is employed in any industrial establishment shall go on strike in
breach of contract and no employer of any such workman shall declare a lockout:
(a) During the pendency of conciliation proceedings before a Board and seven days
after the conclusion of such proceedings,
(b) During the pendency of such proceedings before a Labour Court, Tribunal or
National Tribunal and 2 months after the conclusion of such proceedings.
(c) During the pendency of arbitration proceedings before an Arbitrator and 2
months after the conclusion of such proceedings, where a notification has been
issued.
(d) During any period in which a settlement or Award is in operation in respect of
any of the matters covered by the settlement of Award.
10. Does the workman have the Right to go on strike with proper notice in
Public Utility Services?
No person employed in a Public Utility Service can go on strike without giving to the
employer notice of strike;
(a) Within 6 weeks before striking.
(b) Within 14 days of giving such notice.
(c) Before the expiry of the date of strike specified in such notice.
(d) During the pendency of any conciliation proceedings before a Conciliation Officer
and 7 days after the conclusion of such proceedings.
11. Does the Employer have the right to lock out any Public Utility Service?
No employer carrying on any Public Utility service can lockout any of his workman:
(i) Without giving to them notice of lockout provided within 6 weeks before locking
out.
(ii) Within 14 days of giving such notice.
(iii) Before expiry of the date of lockout specified in any such notice.
(iv) During the pendency of any conciliation proceedings before a Conciliation Officer
and 7 days after the conclusion of such proceedings.
12. What compensation will a workman get when laid off?
Whenever a workman (other than a badli workman or a casual workman) whose
name is borne on the muster rolls of an industrial establishment employing 50 or
more workmen on an average working day and who has completed not less than one
year of continuous service under an employer laid off, whether continuously or
intermittently, he is to be paid by the employer for all days during which he is so laid
off, except for such weekly holidays as may intervene, compensation which shall be
equal to fifty per cent of the total of the basic wages and dearness allowance that
would have been payable to him had he not been so laid-off.