END-TERM ASSIGNMENT

EMPLOYEE RELATIONS: LEGISLATIONS AND

COMPLIANCES

SUBMITTED TO: SUBMITTED BY:

PROF. NEERAJ KUMAR Aditya Sharma
271075
FMG-27B
1. What does this refusal mean? Is it legal? Can you find reference to this
refusal in the Industrial Disputes Act, 1947?
The negation or dissent to work by workers is termed as strike. Workers
need to give a prior notice before engaging in a strike, hence, the strike is
not legal. Strike is considered to be legal only if workers give a notice 2
weeks before going for strike. This refusal is referred as strike and is
defined in Section 2(q) of the Industrial Disputes Act, 1947.

2. What is ‘Tools Down’ Strike? Is it a form of strike?

In a ‘Tools down’ strike workers do not absent themselves from their place
of work when they are on strike. They keep control over production
facilities. But do not work. Such a strike is also known as 'pen down' or 'sit
down' strike. Workers show up to their place of employment, but they
refuse to work, by this they maintain control over the
production/manufacturing activities.

A strike in which workers do not absent themselves from their place of

work when they are on strike.
Workers will show up at their place of employment but refuse to work.
The workers also refuse to leave. By this, which makes it very difficult for
employer to defy the union and take the workers' places.

Reference: http://www.whatishumanresource.com/strikes

3. What is a Strike? Where is ‘Strike’ defined in The ID Act, 1947?

Carefully write down the essential components of a ‘strike’ as defined
in the ID Act, 1947.
A Strike is a tool used by the trade unions and other associations and groups
of workers to put across their demands or grievances by employers or
management of industries.
A strike involves stoppage of work caused by the mass refusal in response
to grievances.
A strike as a tool is a powerful one which enables the workers at the bottom
of the organisational pyramid to get the top managements be aware of their
situations and problems and take up necessary steps to solve them.

Strike is defined in Section 2(q) of the Industrial Disputes Act, 1947.

 The essential components of a strike are:
i. Industry
ii. Cessation of work or refusal to do work in an industry by the workmen
acting in a body or combination.
iii. The industry must be an Industry within the meaning of section 2(J) of the
industrial dispute act 1947.
iv. Concerted refusal
v. The strike must relate to employment, non-employment or terms of
employment or with the conditions of labor of the workmen.

4. What should a Manager do under such circumstances? Should he

take immediate disciplinary action?
The manager should try to end the strike by the means of arbitration or by
coming to a common consensus by the means of discussion.
A manager should not take immediate disciplinary action as it will agitate
the workers more and will worsen the situation.

5. What is a ‘Settlement’? Please look up the ID Act and find out the
meaning of ‘Settlement’?
According to Section 2 (p) of the Industrial Dispute Act, 1947
“Settlement” means a settlement arrived at, in the course of conciliation
proceeding and includes a written agreement between the employer and
workmen.
A settlement could be made through three modes:
a) Conciliation
b) Arbitration
c) Adjudication
A settlement is the effort made to reach a common consensus between the
two opposing parties, in the case of industries, Employers and Employees
in a way that the demands for both the parties are met to the most.

6. Why has the Union raised the Wage issue?

A settlement was signed before the Labor Commissioner on 10 th
November, 2010 under Section 12(3) of the ID Act, 1947, providing for
mutual discussion between Management and RGTEA on Incentive Bonus
Scheme, provision of transport facility and some other demands in order to
arrive at a wider settlement on all matters contained therein
 The second settlement os 25th December 2101 was signed by either party
before the Labour Commissioner for discussion and settlement by 28th
February 2011.

7. What is the importance of a ‘Settlement’ arrived at before the Labor

Commissioner? Is this threat of Union to call for a total cessation of
work a call for ‘strike’? Is it legal?
The importance of a settlement before the Labor commissioner is that it
becomes a rule and all the concerned parties have to abide by those rules
and its violation in any form leads to legal actions against the violators.

Yes, the union threatening the employers for cessation/abolishment of

work is a call for strike.

It depends on the rules justified by the organisation about the timeline or

the notice period set up before the workers engage in a strike.
If nothing is mentioned then the strike is legal.

8. Why does the Management say that the action of Union is ‘illegal’?
Are they justified in saying this?
The strike can be declared illegal if the Standing Orders of the company has
certain regulations for a strike not met by the workmen. It can also be deemed
illegal when an award related to the same issue is in operation. Since neither
of the two criteria is met, the strike is not illegal and the management is not
justified in its claim.

9. What is Industrial Code of Discipline? What are its’ origins? Is it

legally enforceable? How?
The Industrial Code of Discipline has been laid down to promote industrial
peace and harmony. It is applicable to both public sector and private sector
enterprises and aims to settle disputes through a mutually agreed procedure.

It specifies various obligations for the management and the workers with the
objective of promoting cooperation between their representatives. This code
of discipline requiring the employers and workers to settle disputes making
 use of the existing machinery and abstaining from taking direct action was
evolved at the Indian Labor Conference in 1958.

Yes, the Code of Discipline is legally enforceable and it is applicable to the

following

1. All Central Organizations of Employers and workers, (except those under

Ministry of Defence, Railways, Ports and Docks.)

2. Insurance industry.

3. The State Bank of India.

4. The Reserve Bank of India.

10. What are Standing Orders? What is Disciplinary Action? Can

Management take Disciplinary Action against striking employees?

Standing Orders are the guidelines that are laid down in the schedule of
Industrial Employment (Standing Orders) Act. These include:
Classification of the workmen : temporary, casual, apprentices
Manner of intimating to workmen
Shift working
Attendance and late coming
Conditions of, the procedure in applying for, and the authority which may grant leave and
holidays

Requirements to enter premises by certain gates and liability to search

Closing and reopening of sections of the establishments, temporary stoppages

Suspension or dismissal for misconduct
Acts and omissions which constitute misconduct
Means of redress for unfair treatment

In employment law, disciplinary action is a process for dealing with job-

related behavior that does not meet expected and communicated performance
standards. The primary purpose for discipline is to assist the employee to
understand that a performance problem or opportunity for improvement exists.
The process features efforts to provide feedback to the employee so he or she can
correct the problem.
Yes, the management can take disciplinary action against striking employees if it
is illegal or is not supported by majority of employees to curb down the issue.

11. Is inciting other employees illegal? Why or Why not?

Inciting employees to go on a strike is legal. However, it is illegal to force
workers to join a union or support a cause they do not agree to.
An employee can be guilty of inciting other employees to commit
misconduct such as participate in an unlawful strike. However, the
employer must prove that the employee ‘reached and sought to influence
the minds’ of his fellow employees to commit such misconduct. Whether
an employee has done so will have to be determined based on the facts of
the matter. Merely asking whether employees intended to join an unlawful
strike would not be enough. There will clearly have to be an element of
persuasion or cajoling on the part of the employee.

12. What is Section 12(3) of the ID Act? Is there any other section under
which ‘settlement’ can be arrived at?
Section 12(3) is related to the process of settlement. It states: If a
settlement of the dispute or of any of the matters in dispute is arrived at in
the course of the conciliation proceedings the conciliation officer shall send
a report thereof to the appropriate government [or an officer authorized in
this behalf by the appropriate government] together with a memorandum
of the settlement signed by the parties to the dispute.

Section 18(3): Includes the list of all the parties on whom the settlement is
binding.

13. Why is the Union trying to link two seemingly unrelated issues? What
is their game? Why does the Management want to separate the two
issues? What is the ‘dynamics’ here?
The union is trying to link the two issues to amplify the intensity of strike
as they are agitated and they want all their grievances to be looked upon by
the management.
 By linking the two issues, the Union wants to avoid going through the
process of the settlement once again as it will take a lot of time and
deliberation.
The Management wants to separate the two issues because they feel that
the two issues are unrelated and also, the union would not get support from
other members if the wage issue had not been raised. The linking of these
issues has made it difficult for the management to control the union and
the strike done by them.

14.What is ‘peaceful agitation’? Is it defined anywhere? What could be

the intention of using this phrase?
‘Peaceful agitation’ is defined as use of non-violent methods to show
aggression towards an issue. It is a right that can be traced to the
fundamental freedom that is guaranteed under Articles 19(1)(a), 19(1)(b)
and 19(1)(c) of the Constitution. Article 19(1)(a) confers freedom of
speech to the citizens of this country and, thus, this provision ensures that
the petitioners could raise slogan, albeit in a peaceful and orderly manner,
without using offensive language. Article 19(1)(b) confers the right to
assemble and, thus, guarantees that all citizens have the right to assemble
peacefully and protest.

This term is used here to highlight the agitation of union raised through a
‘tools down’ strike which did not involve any violent actions by them.

15. Please give your own opinion on this.

The case requires interpretation of a number of sections and provisions of the
ID Act and IE (SO) Act.
In the first instance of a dispute between Mr. Kumar and the workmen, the
officer is justified in asking the workers to work in a different location as per
the requirements of the company. The workers too have a right to refuse and
declare a strike. However, as per the Industrial Code of Discipline, they should
give proper notice before going on a strike. Again, the Code of Discipline is a
set of guidelines and the workers should abide by them but it is not enforceable
by law.
The management is delaying the settlement process as directed by the Labour
Court months ago. They are clearly in violation of the law.