Our union has served a strike notice on 19.01.2012 stating that they will strike work w.e.f. 06.01.2012 under the MRTU and PULP act on their charter of demands. Demands has been submitted on 01.04.2011 and the discussion is under progress.
I want to know as to whether the management can get the matter admitted in conciliation under the I.D. Act. and if yes how to go about.
Kindly reply or give some citations for my reference
The following is with limited understanding of the matter.:
Adjudication of disputes – The Act provides for ‘Works Committee’ in factories employing 100 or more workers. [section 3]. The committee will consist of equal number of representatives of employer and employees. Representatives of employees will be selected in consultation with Registered Trade Union. The Works Committee will first try to settle disputes. If dispute is not solved, it will be referred to ‘Conciliation Officer’.
Valuable advice of learned experts and members is sought. This shall enrich the forum and shall help many who visit the forum.
you can approach the Conciliation Officer . It is duty of the CO to enter into dispute and bring in a negotiated settlement if possible. Advantage to you shall be that during the conciliation proceedings if the workers go on strike it shall be illegal.
Thukral Sahab, I have taken legal opinion on the same. My advocate is advising me that when a strike notice has been served under MRTU and PULP, then we cannot admit the matter in conciliation under the industrial disputes act. Secondly he says that Management cannot raise a dispute with the conciliation officer and union has to approach the conciliation officer for admitting the matter in conciliation.
Secondly my advocate says that strike notice cannot be a matter to be admitted in conciliation at the instance of the management. As far as I know even if the strike notice is given under MRTU and PULP management has the right to get the matter admitted in conciliation before the conciliation officer.
Sir, Kindly throw some light on the above with relevant citations if any.
The openion of Advocate Thukral is correct.I differ with the openion given to you by your advocate..Since union has given strike notice,that means that there is an Industrial dispute.In such cases even sumoto the conciliation officer can take cognizance.As rightly pointed out by Shri Kumar Doab,the strike started or continued pending conciliation would be illegal under I.D.Act 1947.Of course this is not pure legal issue.At times depending on business situation, the strike may be welcome.Therefore the management should take the matter to conciliation officer urgently,after considering if strike is desirable or otherwise.
In my limited knowledge of MRTU and PULP Act, I understand there is bar in raising proceedings under the Central Act (ID Act ) in some cases covered under the MRTU and PULP Act. In that case seek advice of your lawyer to approach Industrial Court to get the strike declared as illegal.
Bar under sec.59 of M.R.T.U. and P.U.L.P. Act only prohibits parallel proceedings under I.D.Act and the M.R.T.U.Act on same subject matter.. In this case subject matter is different. Under I.D.Act we are trying to settle industrial dispute,where as under MRTU Union has given strike notice.Subject matter being different bar shall not operate.
Thankyou for your kind and valuable advise. We had filed a case in the Industrial court requesting the Hon'ble court to grant ad-interim order restraining the union to go on strike. Today the order was pronounced by the court wherein the respondent union has been restrained not to indulge in strike of any nature and asked both the parties to start the negotiations.