Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)

CLASS
CLASS&&SEMESTER:
SEMESTER:B.A.LL.B/BBA
B.A.LL.B/BBALL.B-VII
LL.B-VII
SUBJECT:
SUBJECT:LABOUR
LABOURLAW
LAW
UNIT
UNITIVIV
TOPIC:
TOPIC:INSTRUMENTS
INSTRUMENTSOFOFECONOMIC
ECONOMICCOERCION
COERCION

Faculty Name: Mr. Rohan Mehrotra

Assistant Professor (Law)
 STRIKE

• “STRIKE” has been defined in section 2(q) of the Industrial Disputes Act, 1947 in
the following words: “ ‘Strike’ means a cessation of work by a body of persons
employed in any industry, acting in combination or a 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.”
 STRIKE

• WHAT IS STRIKE? A strike action is when a large no. of people used to pressure
government or an Organization to change the policy. Strike is a very powerful
weapon to get its demands accepted by a trade union or in the hand it’s the way of
showing strength of a union .
 STRIKE

• The use of English word “strike” first appeared in 1768, when sailors in support of
demonstration in London. removed the topgallant sails of merchant ships at port,
thus crippling the ships. According to industrial disputes act, 1947, Strike means ,
“cessation of work by a group of workers for the purpose of bringing pressures on
their employers to accept their demands”.
 TYPES OF STRIKES

• ECONOMIC STRIKES
• SYMPATHETIC STRIKES
• GENERAL STRIKES
• SIT-DOWN STRIKES
• SLOW-DOWN STRIKES
• HUNGER STRIKES
• GHERAO
• BOYCOTT WILDCAT STRIKES
 ECONOMIC STRIKES

• Strikes arise for a number of reasons, though principally in response to economic

conditions. Economic strike is conducted by the workers to improve wages ,
benefits or to improve work conditions and facilities provided to them.
 SYMPATHETIC STRIKES

• This type of strike is conducted in support of other workers who are on strike. In
this case the workers may not have direct injustice from the employer of the former
union of workers.
 GENERAL STRIKES

• A general strike is a strike action in which a substantial proportion of the total

workers in a region or country participates. It may also be an extension of the
sympathetic strike to express generalized protest by the workers.
 SIT-DOWN STRIKES

• A sit-down strike is a form of civil disobedience in which a group of workers,

usually employed at a factory take possession of the workplace by "sitting down" at
their stations. Main reason behind this is preventing their employers from replacing
them with strikebreakers or in some cases moving production to other locations. It
is also called tools down or pens down strike.
 SLOW-DOWN STRIKES

• SLOW-DOWN STRIKES A slowdown is an industrial action in which employees

perform their duties but seek to reduce productivity or efficiency in their
performance of these duties. It an alternative to a strike, as it is seen as less
disruptive as well as less risky and costly for workers employers
 HUNGER STRIKES

• It is followed either by leaders or by some workers or by both for a limited period.

The purpose is to create sympathy of the employer & to attract the attention of the
public. It is nonviolent in nature. In this method the participants try to provoke
feelings of guilt in others or the employers , usually with the objective to achieve a
specific goal, such as a policy change.
 GHERAO

• Gherao, meaning "encirclement," is a word originally from Hindi. This type of

strike is restricted to India only. Usually, a group of people would surround a
politician or a government building until their demands are met, or answers given.
It form of industrial action in India in which workers imprison their employers on
the premises until their demands are met.
 BOYCOTT

• A boycott is an act of voluntarily abstaining from using, buying, or dealing with a

person, organization, or country as an expression of protest. In this case workers
decide not to use the company’s products the appealing the public to do so. It is an
voluntary withdrawal of cooperation.
 WILDCAT STRIKES

• It is suddenly announced, without notice or at very short notice & thereafter the
issues of disputes are discussed. This type of strike action is taken by workers
without the authorization of their trade union officials. This is sometimes termed
unofficial industrial action.
 SECTION 26 PENALTY FOR ILLEGAL STRIKES AND
LOCK-OUTS

• Any workman who commences, continues or otherwise acts in furtherance, of, a

strike which is illegal under that Act, shall be punishable with imprisonment for a
term which may extend to one month, or with fine which may extend to fifty
rupees, or with both.
 SECTION 26 PENALTY FOR ILLEGAL STRIKES AND
LOCK-OUTS

• Any employer who commences, continues, or otherwise acts in furtherance of a

lock-out which is illegal under this Act, shall be punishable with imprisonment for
a term which may extend to one month, or with fine which may extend to one
thousand rupees, or with both.
TOPIC: LAY OFF
 MEANING OF LAY-OFF:

• The term ‘lay-off’ has been defined under section 2 (kkk) of the Industrial Disputes
Act, 1947, thus lay-off means the failure, refusal or inability of an employer on
account of the shortage of coal, power or raw materials or the accumulation of
stocks or the breakdown of machinery or natural calamity or for any other
unconnected 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.
 ESSENTIALS

• There must be failure, refusal or inability on the part of the employer to give
employment to a workman.
• The failure, refusal or inability should be on account of shortage of coal, power or
raw materials or accumulation of stocks or breakdown of machinery, or natural
calamity, or any other connected reason.
• The workman’s name should be on the muster rolls of the industrial establishment.
• The workman should not have been retrenched.
 ESSENTIALS

• Lay-off is a measure to cope with the temporary inability of an employer to offer

employment to a workman to keep the establishment as going concern. It results in
immediate unemployment though temporary in nature. It does not put an end to the
employer-employee relationship, nor does it involve any alteration in the conditions
of service.
• Further, lay-off occurs only in a continuing business. When the industrial
establishment is closed permanently or it lock-out is declared by the employer, the
question of lay-off has no relevance. Lay-off is justified only when it is in
conformity with the definition given under Section 2(kkk) of the Industrial
Disputes Act.
 TOPIC: DISCIPLINARY
ACTION AND DOMESTIC
ENQUIRY
 OBJECTIVE

• To highlight the procedure for a fair and proper domestic enquiry as per
requirements of law.
• Why we go for domestic enquiry ?
• In today’s context no employer can discharge or dismiss a delinquent workman
even for a serious misconduct without following an elaborate procedure for taking
disciplinary action.
• It is only when the workmen is found guilty of the charge in an enquiry conducted
as per the principal of natural justice, that the employer after following the
procedure can punish him as per the company’s standing orders.
 PRINCIPAL OF NATURAL JUSTICE

• No man shall be the judge in his own cause.

• Both sides shall be heard
• A Decision shall be reasoned.

Rules of natural justice:

• The employee proceeded against had been informed clearly of the charges leveled
against him.
• The witnesses are examined ordinarily in the presence of the employee in respect of
the charges.
• The employee is given fair opportunity to cross examine the witnesses.
• The employee has been given reasonable opportunity to defend.
 PRINCIPAL OF NATURAL JUSTICE

• Suppose the employer has dismissed/discharged a workmen after following the

procedure, conducting a fair and proper enquiry. Now the question is whether his
decision can be challenged?
 PRINCIPAL OF NATURAL JUSTICE

• The answer is yes. Decision can be challenged by the workmen under section 2-A
of the ID Act, 1947 by raising an industrial dispute and for this he need not have
support of any trade union or other workmen. However, if an employee is not a
workman he can not raise industrial dispute under the ID Act.