It means the failure, refusal or inability of an employer on account of the shortage of coal, power or raw material or the accumulation of stocks or the breakdown of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.
Types Of Strike
1. Stay-in, Sit-down, Pen-down or
Tool-down Strike :In all such cases, the workmen after taking their seats,
refuse to do work. All such acts on the part of the workmen acting in
combination, amount to a strike.
2. Go-slow : Go-slow does not amount
to strike, but it is a serious case of misconduct. 3. Sympathetic Strike : Cessation of
work in the support of the demands of workmen belonging to other employer is
called a sympathetic strike. The management can take disciplinary action for
the absence of workmen. However, in Ramalingam Vs. Indian Metallurgical
Corporation, Madras, 1964-I L.L.J.81, it was held that such cessation of work
will not amount to a strike since there is no intention to use the strike
against the management.
4. Hunger Strike : Some workers may
resort to fast on or near the place of work or residence of the employer. If it
is peaceful and does not result in cessation of work, it will not constitute a
strike. But if due to such an act, even those present for work, could not be
given work, it will amount to strike (Pepariach Sugar Mills Ltd. Vs. Their
Workmen).
5. Work-to-rule : Since there is no
cessation of work, it does not constitute a strike. Lay-Off [Sec.2 (Kkk0]
It means the failure, refusal or
inability of an employer on account of the shortage of coal, power or raw
material or the accumulation of stocks or the breakdown of machinery or natural
calamity or for any other connected reason to give employment to a workman
whose name is borne on the muster rolls of his industrial establishment and who
has not been retrenched. Lay-off does not involve
alteration in the conditions of service. A lay-off is not the same, this as the
order of dismissal. It is more akin to an order of suspension.
Lock-Out
It means temporary closing of a
place of employment or the suspension of work or the refusal by an employer to
continue to employ any number of persons employed by him. Under the present
definition, two alternative acts of the employer constitute a lockout:
1. Temporary closing of a place of employment or
suspension of work; or
2. Refusal to continue to employ any number of persons
employed by him.
Essentials
of Lock-out :The essentials of a lock-out are as follows: 1. There is a temporary closing of
the place of employment, or suspension or withholding of the work by the
employer in some form. 2. There is an element of demands
for which the place of employment is locked-out or closed. There is
an intention to re-employ the workers, if they accept the demands. Meaning of Lock-out
Section 2(1) defines lock-out
thus: “Lock-out” means temporary closing of a place of employment, or the
suspension of work, or the refusal by an employer to continue to employ any
number of persons employed by him. The requirements of lock-out, according to
this definition are:
Temporary closure of the place of employment; 1. Suspension of work; 2. Refusal to employ; 3. By an employer; and 4. To continue to employ any number of persons
employed by him. The total Mandays lost on account of strikes and lockouts have declined
by 4.80 million in 2003
Tags : Business Environment and Law-Industrial Disputes Act, 1947
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