RETRENCHMENT

Retrenchment (Sec.(oo)) means the termination by the

employer of service of a workmen for any reason whatsoever, otherwise then as a punishment inflicted by way of disciplinary action.

CASE LAW : M/S Gammon India Ltd v Sriniranjan Dass,(1984)1LLJ233

Retrenchment does not include:

Voluntary retirement of the workman. Retrenchment of workman on reaching the age of superannuation. Termination of the service of a workman on the ground of continued ill health.

LAY OFF

Lay-off :sec2(kkk) means the failure ,refusal or inability of an employer on account of coal, power or raw materials or accumulation of stocks, or breakdown of machinery or natural calamity or for any other connected reason to give employment to workman whose name is borne on the muster-rolls and who has not been retrenched.

case law: Platt v. Freedom Mortg. corp.(D.N.J.2010)

ESSENTIALS OF LAYOFF
There must be failure or refusal or inability of the employer to continue to employ workers in his employment The workers laid-off must be on the muster rolls of the establishment on the date of layoff The reason for deprivation of employment must be shortage of coal or raw materials, power or accumulation of stocks or breakdown of machines.

DIFFERENCE BETWEEN LAY OFF & LOCK OUT

Lock out is the cause of refusal for employment is closing of a place of employment or suspension of work
Lock out is concerned with industrial disputes

layoff is the cause of refusal for employment is shortage of raw material, coal, power

lay off is not concerned in any way with industrial disputes

DIFFERENCE BETWEEN LAY OFF & LOCK OUT

Lock out is the weapon in the hands of employer to coerce or pressurize the workers to come down in demands Lock out is the outcome of industrial disputes and continued during the period of disputes accumulation of stock or breakdown of machinery or for any reason beyond his control which means that it is an unintentional act.

layoff is declared by employer due to reason of shortage of coal power or raw material

lay off is not concerned in any way with labour disputes

DIFFERENCE BETWEEN RETRENCHMENT &LAYOFF

Retrenchment is the termination of the surplus. Retrenchment involves break of service.

Retrenchment cannot be voluntary. It is of permanent nature. To give employment to a workmen who has not been retrenched.

Lay off is a temporary unavailability or refusal to give employment . Lay off does not involve break of or loss of continues service. Lay off is a temporary measure.

LOCK-OUT

Lock-out means the temporarily closing of place of employment or suspension of work or the refusal by an employer to employ any number of persons employed by him.

ESSENTIALS OF A LOCK- OUT

Temporary closing of a place of employment. Suspension of work. Refusal by an employer to continue to employ any no .of persons employed by him . The above acts of the employer should be motivated by coercion. In case of lock-out the workers are asked by the employer to keep away from work and they are not under obligation to present themselves for work.

DIFFERENCE BETWEEN LOCK-OUT AND RETRENCHMENT In retrenchment, the Lockout,placeof business is continued and employment is closed only a section of labour is by the employer discharged.

In retrenchment , no employment relationship subsits .

In this services of surplus staff are to be dispensed with.

In lock-out this relation is continuous though it is temporarily suspended.

Lock-out is with main object to coerce the labour

Definition: Strike sec 2(q)means a cessation of work

by a body of persons in any industry acting in combination or employed a concerted refusal or, A refusal under a common understanding if any number of persons who are or have been so employed to work or to accept employment.

ESSENTIALS OF STRIKE

acting of cessation of work or refusal of work Cessation or refusal of work should be body of workmen Workmen should be acting in concern in order to enforce a demand against employer during a industrial dispute

Section 22(1) of the Industrial Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person employed in public utility service shall go on strike in breach of contract: (a) Without giving to employer notice of strike with in
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.

ILLEGAL STRIKE
Section 24 provides that a strike in contravention of section 22 and 23 is illegal. This section is reproduced below:
(1) A strike

or a lockout shall be illegal if, (i) It is commenced or declared in contravention of section 22 or section 23; or (ii) It is continued on contravention of an order made under sub section (3) of section 10 or sub section (4-A) of section 10-A. (2) Where a strike or lockout in pursuance of an industrial dispute has already commenced and is in existence all the time of the reference of the dispute to a board, an arbitrator, a Labour court, Tribunal or National Tribunal, the continuance of such strike or lockout shall not be deemed to be illegal;provided that such strike or lockout was not at its commencement in contravention of the provision of this Act or the continuance thereof was not prohibited under sub section (3) of section 10 or sub section (4-A) of 10-A. (3) A strike declared in the consequence of an illegal lockout shall not be deemed to be illegal.

CASE LAWS
Notice of strike Mineral Miner Union vs. Kudremukh Iron Ore Co. Ltd. Sadual textile Mills v. Their workmen Consequence of illegal StrikeDismissal of workmenM/S Burn & Co. Ltd. V, Their Workmen Punjab National Bank v. Their Employees

Wages-

In Cropton Greaves Ltd. v. Workmen Syndicate Bank v. K. Umesh Nayak Right of employer to compensation for loss caused by illegal strikeIn Rothas Industries v. Its Union

KINDS OF STRIKE:
General strike -Bandh (Hindi: ) Stay in strike or pen down strike Go slow

Sympathetic strike Hunger strike Work to rule

NATION-WIDE STRIKE ON FEB 28 MAY PARALYZE TRADE, BANKING

The unions have been demanding Abolition of appointments on contract basis,

Bringing amendment to the Minimum Wages Act Providing for payment of pension to all categories of employees, And bringing down inflation, among others.

DIFFERENCE BETWEEN STRIKES & LOCK OUT

A Strike is what happens when the workers collectively decide not to go to work. A Strike is the players standing together refusing to play .

lockout is what happens when the management won't let the workers into the workplace lockout is caused by the owners standing together against the player.

Just as Strike is the weapon in the hand of the labour to force the management to accept their demands; similarly

the Lock out is the weapon in the hands of employer to coerce the labour to come down in their demands in regard to conditions of service.