STRIKES AND LOCK-OUTS IN INDIA

(PRE- & POST- INDEPENDENCE)

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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

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

* % of avg total no industrial disputes per yr**% of avg total no of mandays lost due to industrial disputes per yr

1965-69

1970-74

1975-79

1980-84

1985-89

1990-94

*average % of lockout

10.6 11.9 13.4 16.4 29.4 31.1

**average % of mandays lost due to lockout

29.3 25.9 36.3 36.4 58.8 59

Avg mandays lost per year per worker(M) strike

lockout

7.829

9.230.4

10.650

21.463.1

9.984.9

12.345.2

THANK YOU

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