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STRIKES AND LOCK-OUTS

IN INDIA
(PRE- & POST- INDEPENDENCE)

Legal Aspects Of Management

Saloni Nanda BBA4519/09


Sajal Banerjee BB4548/09
INDUSTRIAL RELATIONS
 LABOUR RELATIONS
 EMPLOYER- EMPLOYEE RELATIONS
 GROUP RELATIONS
 PUBLIC RELATIONS

DETERMINANTS OF IR
 INSTITUTIONAL FACTORS
 ECONOMIC FACTORS
 TECHNOLOGICAL FACTORS
STRIKE
Section 2 (q) of the Industrial Disputes Act.
1947 defines “strike” to mean:
a cessation of work by a body of persons
employed in any industry acting in
combination, or a concerted refusal; or a
refusal under a common understanding of
any number of persons who are or have
been so employed to continue to work or to
accept employment.
TYPES OF STRIKE
 GENERAL STRIKE
 GO SLOW
 PEN DOWN/ TOOL DOWN
 WILD CAT STRIKE
 SYMPATHY STRIKE
 JURISDICTIONAL STRIKE
 HUNGER STRIKE
TYPES OF STRIKES
 SICK OUT STRIKE
 WORK TO RULE STRIKE
 UNFAIR LABOUR PRACTICE STRIKE
LOCK- OUT
Section 2(1) of the Industrial Disputes Act,
1947 defines "Iock-out" to mean:
The temporary closing of employment or the
suspension of work, or the refusal by an
employer to continue to employ any number
of persons employed by him.
PROHIBITION OF STRIKES
AND LOCKOUT in India
Section 23 prohibits strikes and lock-outs:
No workman who is employed in any industrial
establishment shall go on strike in breach of contract
and no employer of any such workmen shall declare
a lock-out,
(a) during the pendency of conciliation proceedings
before a Board and seven days after the
conclusion of such proceedings;
(b) during the pendency of proceedings before a
labour Court, Tribunal or National Tribunal and two
months after the conclusion of such proceedings;
(c) during the pendency of arbitration proceedings
before an arbitrator and two months after the
conclusion of such proceedings, where a
notification has been issued under Sub Section
(3A) of Section 10A; or
(d) during any period in which a settlement or award
is In operation in respect of any of the matters
covered by the settlement or award.
Additional Restrictions on Strikes and
Lock-out in Public Utility Services
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
herein after 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.
(2) No employer carrying on any public utility service
shall lock-out any of his workmen:
(a) without giving them notice of lock-out as
hereinafter provided. within six weeks before lock-out;
or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of lock-out specified
in any such notice as aforesaid; or
(d) during the pendency of any conciliations
proceedings before a concUiation officer and
seven days after the conclusion of such
proceedings
Penalty for Illegal Strikes and
Lock-outs
A workman who is involved in an illegal strike can be
penalized with imprisonment for a term extendable to a
month or with a fine or fifty rupees or both. In similar
way, an employer who initiates and continues a lockout is
punishable with imprisonment extendable to a month or
with a fine of one thousand rupees or both. According to
Section 25 of Industrial Disputes Act 1947, no person
should provide any sort of financial aid to any illegal
strike or lock-out. Any person who knowingly provides
such a help in support of any illegal strike or lock-out is
punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to
one thousand rupees, or with both
Methods used by employers to
deal with strikes
 Strike preparation
 Strike breaking
 Union busting
 Lockout
PRE-INDEPENDENCE ERA
LATE 19TH CENTURY
 So called first strike 1877 in Empress Mills in
Nagpur for increase in wage rate
 October 1892 witnesed strike in 3 mills managed by
K.M Heeramaneck &Co of 2800 workers
anticipating announcement effecting wage cut
 Following 1893sporadic but individual strikes in
David Sasson, Alexandra, ED Sasson Union,
Wadia and New Eastern mills affecting 12000-
14000 workers
 First officially recorded strike- Ahmedabad, 1895,
8000 workers of Ahmedabad Mill Owners’ Association
against introduction of fortnightly payment of wages
instead of weekly wages which was introduced since
1869. It ended after 10 days unsuccessfully.
 1895; Budge Budge jute mills near Calcutta, mill was
closed for 6 weeks bringing loss of Rs 80000, next
time for 8 days in June 1896 but unsuccessful both
times
 1897; Bombay; weavers over discontinuance of daily
payment of wages & reversion of old system of
monthly wages. Many tactics by mgmt of bonus &
putting labour as substitute list resulted failure of
strike
 6 May 1899; signalling staff of GIP railways (central
railways) demanding- change in duty hours, increase
in wages, non discrimination b/w Indian and
European emloyees. Mgmt warned to return before
31 may or declared dismissed and removed from
railway quarters strike ended after 27 days
unsuccessfully

1900-1914
 Many strikes 1905-1905 in textile mills of Bombay
with introduction of electric light and working hours of
workers would increase.Bombay Mill Owners
Association passed a resolution average working
day of 13 hrs with or without electric lightening.
 In 1904 management of many Bombay Mills
considered wage cut ; workers professed to work 4
days a week but no wage cut; strike happened
before it was attempted to bring into force with 7800
workers for 11 days till considerable concessions
were made.
 1905 strike in Government press of Calcutta
workers demanded overtime allowance and higher
payment on Sunday and other holidays. Strike
withdrawn within a week with settlement. After this
7 leaders of strike were dismissed & arrested on
charge of intimidation which followed another
month long strike. Settlement granted demands but
no reinstatement . Political motive for 2nd strike
suspected but no proof.
 Aug 1906 workers of Britsh Clive Jute Mills downed
tools for better working conditions and humiliating
behavior of Mgmt. Police was called to end the
strike
 Jacob Sasson Mills feb 1908 workers struck for
increase in wages due to increase in prices lasting 5
days in partial victory of workers.
 1910, Narbaha Mills in Broach workers struck on
plea of long working hours, Govt. intervention ended
strike peacefully satisfying both parties
world war I and years later
 1917 many strikes indicative of increase in wages to
meet increased cost of living, strikes were of short
durations and ended successfully
 1921; 5000 workers of Railway workshop in
Lucknow for increase in wages lasting for 2months
and 20 days as services were affected badly, issues
of workers were agreed to
 At Gorakhpur strike affecting 500men of boiler and
machine shop of Bengal and North Western railways
on account of assault by European foreman. It
lasted for one day and police assistance was
needed
 East Indian Railway strike in Feb 1922 in
Rohilakhand and Kumaon Railways near Bareilly
demanding 50% pay hike and 15 days leave on full
pay per year. Strike lasted 20 days with peaceful
settlement with 10% pay increase
 3500 men of Victoria Mills of Cawnpore struck for
4 weeks as payment of wages was delayed which
ended peacefully and workers returned to work
unconditionally
GENERAL STRIKE
 1928 Sholapur spinning and weaving mills-
operatives of mills were complaining low earnings
resulting 3000 of them struck work on 21 April 1928.
The strikers formed an ADVISORY BOARD to
represent grievances, later on 6 Oct 4 more mills
joined the strike. Throughout the strike there was no
proper organisation among workers and position of
strike was different from time to time in different
firms. Meetings anddemonstrations were prohibited.
No of workers and trade unions were arrested.
Strike ended as failure.there were other strikes in
textile mills over wages but were unsuccessful
Oil workers’ strike Bombay 1929

 Employees stike against foreign oil companies


towards end it got mixed up with communal riots.
Oil companies refused to recognise workers’
grievances, workers’ condition was miserable
inspite of high profits of company. Govt. and police
supported the companies and defeated the strike.
Many workers lost their jobs and union was
destroyed.
Strike of textile workers in Bombay
26April 1929
 62mills, over a lakh of workers for 4 months resulting
loss of 8 million mandays. Cause of strike was a
worker was absent & he ahd taken permission from
Jobber who denied the statement. Striker demanded
reinstatement of dismissed worker but mgmt
refused. In May Govt. of Bombayheld a conference
of representative by Bombay Girni Kamgar Union
and Bombay Mill Owners Association but dispute
was referred to Court of Inquiry under justice H.C
Pearson, Judge of Calcutta High Court under Trade
Dispute Act . The strike ended in disaster as
resources were strained
 1938 strike in 3 collieries of Bird & Co.led by
Prof. Abdul Bari for improving wages and
working conditions for 3 months strike was
unsuccessful but led to formation of
Chhottanagpur Mazdoor Sanghwhich raised
a demand for DA during world war II and
succeeded in securing an agreement from
Indian Miners Association to raise wages by
10% which was known as DA
World war II
 In 1939 world war II broke, price rised many strikes
in Bombay, Ahmedabad, Cawnpore , Calcuttafor
payment of dearness allowance. 2 Oct 1939and 26
Jan1940political protest token strike against war
imposition and re-istablishment of bureaucratic rule
promoted by communist after Hitler attack on
Russia. By year end many were arrested and
newspapers- National Front and Kranti were
banned. Govt. promulgated rule 81A which
prohibited strikes and lockout but at same time
provided a machinery for adjudication for
settlement of industrial disputes
 Monghyr -strike of tobacco workers in 1940 to
consider long term grievances regarding pay
scales and allowances , strike ended after 4
months in settlement.
POST INDEPENDENCE
 8 Sept 1947 Imperial Bank of India called a strike
demanding payment of bonus, strike was called off
on 13 Sept on referrence of dispute to tribunal.
 2500 workers of Air India struck work on 18 Feb
1949 demanding increase in wages and DA and
reduction in working hours. The Sheriff of Bombay
intervened and called off the strike and dispute was
referred for adjudication.
 Politically backed by Communist strike of All India
Railwaymen Association on 9 March 1949on
dissatisfaction from first pay commission. Govt took
strict measures and strike failed.
 23 Sept 1949 one day token strike by defence employees
in protest of unsympathetic attitude of Govt. w.r.t mass
retrenchment and service conditions. Strike was peaceful
and Govt. set up a committee to look into the matter.
 More than 4000 employees of Burmah Shell& Stanvac oil
companies struck on 28Feb 1950 against discharge of
President of union, strike called off on 14 March and
dispute was referred to Ministry of Home Affairs
 14Aug1950 second largest Bombay Textile Mill strike
joined by dyeing , bleaching and wollen mills on
dissatisfaction of bonusloosing 92,11,117 mandays. Govt
opposed the strike and there were firing and arrest, which
gained sympathy of foreign labour organisations. Criminal
cases were filed against president and secretary of Mill
Mazdoor sabha for illegal strike sentenced 6months
imprisonment and fine Rs1000/ strike withdrawn and
unsuccessful.
 Historic strike in railways in 1960, 1968 and 1974
led by communist on pays and allowances , hours
of work, leave and victimisations.
 Strike in Punjab National Bank ; issue being leave
and absenteeism
 Countries largest strike by State Bank of India on
issue of pension
 Strike against govt. policies and privatization of
airport
 Srike against qouta based reservation in elite
education institutions of Tamil Nadu
 Politically backed Postal strike in 2000
 Strike in Honda Motors Gurgoan
 Stike by employees of Air India on issues of
incentives and benefits
 Strike against anti-labour policies of government
and dissatisfaction from sixth pay commission on
20 Aug 2008 in West Bengal and Kerela
Analysis Of Strikes and Lockouts
1965- 1970- 1975- 1980- 1985- 1990-
69 74 79 84 89 94
*average % of 10.6 11.9 13.4 16.4 29.4 31.1
lockout
**average % of 29.3 25.9 36.3 36.4 58.8 59
mandays lost
due to lockout
Avg mandays lost 7.8 9.2 10.6 21.4 9.9 12.3
per year per
worker(M) strike 29 30.4 50 63.1 84.9 45.2
lockout
* % of avg total no industrial disputes per yr
**% of avg total no of mandays lost due to industrial disputes per yr
THANK YOU

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