1. Name of Legislation/Policy: The Industrial Dispute Act, 1947
2. Provisions requiring change along with rationale: “22. Prohibition of strikes and lock-outs.- (1) No person employed in a public utility service shall go on strike in breach of contract- (a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.” “35. Protection of persons.- (1) No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society anything to the contrary in the rules of a trade union or society notwithstanding.”
3. Suggested Change in provisions identified:
(a) Essential: It is to be noted that these provisions do not prohibit the workmen from going on strike but require them to fulfill the condition before going on strike. Hence, the provision must be amended to lay down the criteria to go on a strike. (b) General: The Industrial Dispute Act, 1947 is an effective legislation. However, it is important to note that strikes have plagued the paper industry since long. A strike does not help anyone. Instead, the focus should be on creating an environment to address issues and remove lack of trust in collective bargaining.
4. Do the modifications, if accepted, come in the way of
achieving objectives of the Legislation/Policy? (please elaborate) No, the modification will simply add the conditions under which a strike is valid, rather than just pre-conditions to be fulfilled. The objective of the legislation will not be hindered in way or form.
5. Is there any countervailing factor that could possibly justify
continuing with the existing provision(s)? No, there is no such factor because the concept of strike is an important one. Hence, the suggested changes will add value to the concept and change the perspective of the industry towards dispute settlement. The Labour Strike at South India Paper Mills Ltd's Paper Mill at Chikkayanachatra, Nanjangud which commenced on 20.03.2017 ended on 25-07-2017 (Total 128 days both days inclusive). The Worker's Union had given a letter dated 25.07.2017 to the Management calling off the strike and the workmen resumed duty from 26.07.2017.1 Such strikes are harmful for the paper industry.