ANNEXURE

Jalaj Jain

1. Name of Legislation/Policy: The Industrial Dispute Act, 1947

2. Provisions requiring change along with rationale:
“22. Prohibition of strikes and lock-outs.-
(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 hereinafter
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.”
“35. Protection of persons.-
(1) No person refusing to take part or to continue to take part in
any strike or lock-out which is illegal under this Act shall, by reason
of such refusal or by reason of any action taken by him under this
section, be subject to expulsion from any trade union or society, or
to any fine or penalty, or to deprivation of any right or benefit to
which he or his legal representatives would otherwise be entitled,
or be liable to be placed in any respect, either directly or indirectly,
under any disability or at any disadvantage as compared with other
members of the union or society anything to the contrary in the
rules of a trade union or society notwithstanding.”

3. Suggested Change in provisions identified:

(a) Essential: It is to be noted that these provisions do not
prohibit the workmen from going on strike but require them to
 fulfill the condition before going on strike. Hence, the provision
must be amended to lay down the criteria to go on a strike.
(b) General: The Industrial Dispute Act, 1947 is an effective
legislation. However, it is important to note that strikes have
plagued the paper industry since long. A strike does not help
anyone. Instead, the focus should be on creating an environment
to address issues and remove lack of trust in collective
bargaining.

4. Do the modifications, if accepted, come in the way of

achieving objectives of the Legislation/Policy? (please
elaborate)
No, the modification will simply add the conditions under which a
strike is valid, rather than just pre-conditions to be fulfilled. The
objective of the legislation will not be hindered in way or form.

5. Is there any countervailing factor that could possibly justify

continuing with the existing provision(s)?
No, there is no such factor because the concept of strike is an
important one. Hence, the suggested changes will add value to the
concept and change the perspective of the industry towards dispute
settlement. The Labour Strike at South India Paper Mills Ltd's
Paper Mill at Chikkayanachatra, Nanjangud which commenced on
20.03.2017 ended on 25-07-2017 (Total 128 days both days
inclusive). The Worker's Union had given a letter dated 25.07.2017
to the Management calling off the strike and the workmen resumed
duty from 26.07.2017.1 Such strikes are harmful for the paper
industry.

1
https://www.equitybulls.com/admin/news2006/news_det.asp?id=211335