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LOCK OUT IN THE FACTORIES NOT COMING UNDER PUBLIC UTILITY SERVICES

(Querist) 11 March 2009 This query is : Resolved 
Sir,

What I meant was, if the management is not coming for conciliation, or if it is not inclined to solve the problem, just as it happened in Alleppey, can the Government interfere or take the measures that will benefit the society as a whole, in the form of selling the land or taking over the factory or selling the factory to a public sector undertaking or a private management.

SARAVANAN

H. S. Thukral (Expert) 11 March 2009
An employer has a right to organise his business as he likes without violating the law. An employer can not be forced to run his establishment when it is making losses and in such cases a closure, retrenchment, layoff will be justified if proceeded in compliance with law. Similarly when the employer finds it difficult to run his business becasue of strikes, gheraos, violence on the premises etc he can declare a lockout. Most of such incidencts, I have seen in my experience is when a trade union of workmen belonging to establishment is influenced by the outsiders. There are lesser numbers of lockouts in establishments where inhouse union of employees is in control.
Coming to your problem, you can raise an industrial dispute to adjudicate whether the lockout is egal or illegal.
In special circumstances when there is violation of law and livelihood of workmen is jeopardised, High Court can be approached under its writ powers.
Government can not take over unless the organisation go in liquidation and rights of workmen like wages/gratuity etc are in peril.
Guest (Expert) 11 March 2009
On the ground that the management has not been attending the concliation proceedings, the Government, in the name of public interest, cannot acquire the land and machinery of the private owner. If the management does not appear in conciliation proceedings or finding lame excuses for its non-appearance, the conciliatory authorites file a "failure report" and send the matter to the Government for compulsory adjudication in the Labour Court.

In the liquidation proceedings only, the land and machinery can be taken away from the private owners.
M. PIRAVI PERUMAL (Expert) 11 March 2009
I agree with the views.
A. A. JOSE (Expert) 13 March 2009
I fully agree with above views.
Hiralal Das (Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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