Legal Aspects Of Business

Document Sample
Legal Aspects Of Business Powered By Docstoc
					Legal Aspects of Business


                        Presented by:
                    Group 1, FMG 19 B
                 Presentation Flow
•   Fundamental Right for Freedom of Trade & Commerce
•   Labour Laws, Trade Union and Industrial Relations
•   The Right to Strike under Industrial Dispute Act, 1947
•   Maruti Strike
•   Other Cases
•   Misuse of Strikes
•   Preventive measures for Strikes
•   International Perspective on Strikes
•   Implications of Strikes
  Fundamental Right for Freedom of
        Trade & Commerce
• Constitution of India provides framework for
  freedom of trade and commerce (Article 301
  under part XIII)

• Freedom to trade, commerce and intercourse
  throughout the territory of India
                  However
• Restrictions may be imposed
• The state has the following power:
 impose reasonable restrictions on the
  freedom of trade, commerce or intercourse
  with or within that State as may be required in
  the public interest.
 impose tax on the imported goods to which
  similar goods manufactured in the state are
  subject to.
                  Example
• The state of Gujarat imposed restriction on
  sale of liquor within the state of Gujarat.
• Liquor is sold in other states and union
  territories of India.
• This restriction was imposed on the grounds
  of public interest.
               Tax Example
• The state of Orissa levied duty on foreign
  liquor.
• The liquor were being imported by Kalyani
  stores.
• No such liquor was being produced within the
  state.
• The supreme court ruled that state can not
  use it’s power in this case.
               Labour Laws
• Indian labour law covers 5 categories Working
  Conditions, Industrial Relations, Wage,
  Welfare and Social Securities.
• There over fifty national laws and many more
  state-level laws
• Indian labour law divide industry into 2
  categories:
Factory
Shops and Establishment Act
                   Factory
• Factories are regulated by the provisions of
  the Factories Act, 1948
• Factory = industrial establishment with 10 or
  more workers and carrying manufacturing
  activities with the aid of power
• The act makes provisions for the health,
  safety, welfare, working hours and leave of
  workers in factories
        Shops and Establishments
               Shops and
• It provides statutory obligation and rights to employees
  and employers in the unauthorized sector of
  employment.
• This Act lays down the following rules:
 Working hours per day and week.
 Guidelines for rest interval, opening and closing hours,
  closed days, national and religious holidays, overtime
  work.
 Employment of children, young persons and women.
 Rules for annual leave, maternity leave, sickness and
  casual leave, etc.
 Rules for employment and termination of service.
         Need For Labour Law
• Relationship between labor and capital is that
  of partnership in maintenance of production
  and national economy
• Community as a whole, and employers, are
  responsible and obliged to protect the well
  being of workers and to secure to them their
  due share in the gains
      Objectives of Labour Laws
• Protect the weaker section
•  Mitigation of risks
•  Strengthening the bargaining power of labor
•  Avoid Industrial Disputes leading to Industrial
  Action
• Protect Women and Children from hazardous
  working processes and working conditions
• Compensation for loss of earning capacity
• Promote growth of national economy by striving
  for industrial harmony
               Trade Union
• Trade union is a voluntary organization of
  workers pertaining to a particular trade,
  industry or a company
• Promote and protect their interests and
  welfare by collective action
• Aim at balancing and improving the relations
  between the employer and the employees
                       Objective
• Secure fair wages for workers and improve their
  opportunities for promotion and training.
• Safeguard security of tenure and improve their conditions
  of service.
• Improve working and living conditions of workers.
• Provide them educational, cultural and recreational
  facilities.
• Facilitate technological advancement by broadening the
  understanding of the workers.
• Help them in improving levels of production, productivity,
  discipline and high standard of living.
• Promote individual and collective welfare and thus
  correlate the workers' interests with that of their industry.
        Indian Trade Unions Act
• First organized trade union was formed in 1918
• The legislation regulating these trade unions is
  the Indian Trade Unions Act, 1926
• The Act deals with the registration of trade
  unions, their rights, their liabilities and
  responsibilities as well as ensures that their funds
  are utilized properly
• The Act is applicable not only to the union of
  workers but also to the association of employers
                   Industrial Relations
•   It concerns the relationship between the management and the employees of an
    industry
•   It helps in preventing situations of conflict between the management and the
    workers that might lead to a strike or a lock-out
•   Major Players:
      – Employees
      – Trade unions
      – Management
      – Government, but steps in only when the major players fail to maintain
         harmonious industrial relations
•   Basic requirements for prevention of industrial disputes:
      – An effective grievance redressal system
      – Worker participation in management
      – Collective bargaining
                Collective Bargaining
• It is the process of negotiation between management and workers to reach
  a collective agreement regarding employment terms, rights and duties of
  the workers
• It aims to resolve issues pertaining to wages, working conditions, health
  and safety, and working hours of workers, etc.
• 3 Step process:
    – Preparation for negotiation
    – Negotiation
    – Contract administration
• If collective bargaining fails, the other stages in conflict settlement are
  conciliation, arbitration and adjudication, in that order
• During the collective bargaining process, workers are represented through
  trade unions
                  Worker Participation
•   Worker participation in management is an effective tool for prevention of
    industrial disputes
•   The level of workers' participation can vary from organization to organization
•   Basic objective – To provide an opportunity to the workers to participate in the
    organizational decision-making
•   By virtue of their participation, employees are bound to abide by all the decisions
    taken
•   Also helps in:
     – Boosting employee morale
     – Enhancing employee’s commitment to organization
•   E.g. – works committees, joint management councils, joint councils, plant
    councils, shop councils
•   Partial success in India because of:
     – Lack of proper education among workers
     – Lack of understanding between management and workers and multi-unionism
                 Collective Bargaining
Pros                                      Cons
•   Avoids unnecessary legal              •   The process may not be fair at all
    proceedings and the issue is sorted       times; the decision is often
    out of the Court                          influenced by power and politics
•   Promotes worker’s democracy and       •   In case of failure of the collective
    worker’s participation in                 bargaining agreement, the
    management                                immediate consequence is strike or
•   Helps in establishing harmonious          lock-out
    relationship between employee         •   Increased wages and improved
    and the employer                          facilities for workers will indirectly
•   Emphasizes on the interests and           result in high prices for goods and
    benefits of both parties                  services, due to which consumers
•   Eliminates unnecessary                    are affected badly; a process which
    expenditure and avoids bitterness         they do not actively participate in
    among involved parties
              Definitions
-under The Industrial Disputes Act, 1947
              • Means any business, trade, undertaking, manufacture or calling of
                employers
 Industry     • And includes
              • Any calling, service, employment, handicraft or industrial
                occupation or avocation of workmen



              • only employees doing any manual, unskilled, skilled, technical,
                operational, clerical (irrespective of whether their wages) and such
                of the supervisors drawing wages below rs.10,000/- pm
Workman       • It also includes dismissed workmen falling under the above
                categories
              • However, managerial staffs are totally excluded irrespective of their
                salary


              • (i) in relation to an industry carried on by or under the authority of
                any department of the Central Government or a State Government,
                the authority prescribed in this behalf, or where no authority is
Employer        prescribed, the head of the department;
              • (ii) in relation to an industry carried on by or on behalf of a local
                authority, the chief executive officer of that authority
                Definitions
  -under The Industrial Disputes Act, 1947
                          • An interim or a final determination of any industrial
                            dispute or of any question relating thereto by any
        Award               Labour Court, Industrial Tribunal or National Industrial
                            Tribunal and includes an arbitration award made under
                            section 10A

        Board             • A Board of Conciliation constituted under this Act


                          • The permanent closing down of a place of employment
        Closure             or part thereof


  Conciliation Officer    • A conciliation officer appointed under this Act


                          • Any proceeding held by a conciliation officer or Board
Conciliation Proceeding     under this Act

                          • A settlement arrived at in the course of conciliation
                            proceeding
     Settlement           • Includes a written and signed agreement between the
                            employer and workmen arrived and a copy thereof is
                            sent to the appropriate Govt. and conciliation officer
                   Definitions
     -under The Industrial Disputes Act, 1947
                     • Any dispute or difference between employers and employers or
                       between employers and workmen, or between workmen and
Industrial Dispute     workmen, which is connected with the employment or non-
                       employment or the terms of employment or with the conditions
                       of labour, of any person

                     • The failure, refusal or inability of an employer on account of
                       shortage of coal, power or raw materials or the accumulation of
                       stocks or the breakdown of machinery or natural calamity or for
     Lay-off           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


                     • The temporary closing of a place of employment or the
    Lock-out           suspension of work, or the refusal by an employer to continue to
                       employ any number of persons employed by him



                     • A cessation of work by a body of persons employed in any
                       industry acting in combination or a concerted refusal, or a
      Strike           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
Public Utility Service
i.        any railway service or any transport service for the carriage of passengers or goods
          by air, any service in, or in connection with the working of, any major port or dock;
ii.       any section of an industrial establishment, on the working of which the safety of
          the establishment or the workmen employed therein depends;
iii.      any postal, telegraph or telephone service;
iv.       any industry which supplies power, light or water to the public;
v.        any system of public conservancy or sanitation;
vi.       any industry specified in the First Schedule which the appropriate Government
          may, if satisfied that public emergency or public interest so requires, by
          notification in the Official Gazette, declare to be a public utility service for the
          purposes of this Act, for such period as may be specified in the notification:
        Provided that the period so specified shall not, in the first instance, exceed six months but
         may, by a like notification, be extended from time to time, by any period not exceeding six
         months, at any one time if in the opinion of the appropriate Government public emergency
         or public interest requires such extension
       Classification of Organizations
                 w.r.t. Strikes
                                                 Other than
      Public Utility Services
                                            Public Utility Services

• Nalco India Ltd                     • Private
• The International Commission on     • Public/ Govt. owned or funded
  Irrigation and Drainage (ICID)
• Thermax LTD, Chemical Division
• Albatross Fine Chem
• Aquaplant Equipments
• Countrywide Express Pvt. Ltd.
• Desk To Desk Courier & Cargo Ltd.
  (DTDC)
• Elbee Services Limited
• Ion Exchange India Ltd
Industrial Dispute Act, 1947

“To make provisions for the
     investigation and
   settlement industrial
 disputes, and for certain
      other purposes”


To secure industrial peace
and harmony by providing
means and procedure for
     investigation and
 settlement of industrial
 disputes by negotiations
            Industrial Dispute
Definition as under Section 2(k)-
Any disputes or differences
  – between employers and employers, or
  – between employers and workmen, or
  – between workmen and workmen
which is connected with the
  – employment or non employment or
  – the terms of employment or
  – with the conditions of labour, of any person
                           Raising Disputes
Dispute must be raised by workmen: by union, or a group of workmen as defined under
IDA, 1947.

Those not satisfying the definition of workman cannot raise a dispute under id act.


Exclusions from definition of ‘workmen’

 • All managerial staff, irrespective of salary
 • Members of supervisory staff who draw wages above rs.10,000 pm

However, workmen who were terminated could continue to claim status of workmen for
pursuing their disputes

Substantial number of workmen must back the issue for raising of dispute

An individual workman can raise a dispute if it falls under the exceptional cases listed in
section 2 a: cases of dismissal / discharge / retrenchment / termination only.
                         Strike
• “STRIKE” has been defined in
   section 2(q) of the Industrial
   Disputes Act, 1947 as:
  ‘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.”
 Essential requirements for the existence of a
 strike:
There must be cessation of work.


The cessation of work must be by a body of persons employed in any industry;


The strikers must have been acting in combination;

The strikers must be working in any establishment which can be called industry
within the meaning of Section 2(j); or

There must be a concerted refusal; or

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;
They must stop work for some demands relating to employment, non-
employment or the terms of employment or the conditions of labour of the
workmen.
                   Lockout
• It means one or more of the following actions
  taken by an employer for the purpose of
  compelling employees to agree to terms and
  conditions of employment:
  (i) the closing of all or part of a place of
  employment;
  (ii) a suspension of work;
  (iii) a refusal to continue to employ employees
    Section 22: Prohibition of strikes and
         lock-outs- (regarding PUS)
•    No person employed in a public utility service shall go on strike in breach
     of contract—
     – without giving to the employer notice of strike, as herein-after provided, within six weeks
       before striking; or
     – within fourteen days of giving such notice; or
     – before the expiry of the date of strike specified in any such notice as aforesaid; or
     – during the pendency of any conciliation proceedings before a conciliation officer and
       seven days after the conclusion of such proceedings.
• No employer carrying on any public utility service shall lock-out any of his
  workmen—
     – without giving them notice of lock-out as hereinafter provided, within six weeks before
       locking out; or
     – within fourteen days of giving such notice; or
     – before the expiry of the date of lock-out specified in any such notice as aforesaid; or
     – during the pendency of any conciliation proceedings before a conciliation officer and
       seven days after the conclusion of such proceedings.
• Notice of lock-out or strike- not necessary where
  there is already a strike/ lockout in existence in the
  public utility service, but the employer shall send
  intimation of such lock-out or strike on the day on
  which it is declared, to concerned authorities

• Notices shall be given in manner prescribed

• If on any day an employer receives from any persons
  employed by him any such notices or gives to any
  persons employed by him any such notices, he shall
  within five days thereof report to the concerned
  authorities the number of such notices received or
  given on that day.
                               CASE
  Notice of strike
• Notice to strike within six weeks before striking is not necessary
  where there is already lockout in existence-

• In “Mineral Miner Union vs. Kudremukh Iron Ore Co. Ltd.”, it was
  held that provisions of section 22 are mandatory & date on which
  workmen proposed to go on strike should be specified in the notice.
  If meanwhile the date of strike specified in the notice expires,
  workmen have to give fresh notice.

•    In “Sadual textile Mills v. Their workmen” certain workmen struck
    work as a protest against lay-off and transfer of some workmen from
    one shift to another without giving four days notice as required by
    standing order- the strike was declared illegal
  Section 23: General prohibition of 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
 workman shall declare a lock-out—

during the pendency of conciliation proceedings before a Board and seven
days after the conclusion of such proceedings

during the pendency of proceedings before Labour Court, Tribunal or
National Tribunal and two months after the conclusion of such proceedings;

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-
Voluntary reference of disputes to arbitration

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
                     CASE

• In the “Ballarpur Collieries Co. v. H.
  Merchant” where in a pending reference
  neither the employer nor the workmen were
  taking any part, it was held that section 23 has
  no application to the strike declared during
  the pendency of such reference.
   Section 24: Illegal strikes and lock-outs
(1) A strike or a lock-out shall be illegal if--
    (i) it is commenced or declared in contravention of section 22 or section 23;
    (ii) it is continued in contravention of an order made under sub-section (3) of
    section 10 or sub-section (4A) of section 10A.

• Subsection3- A copy of the arbitration agreement shall be forwarded to the
  appropriate Government and the conciliation officer and the appropriate
  Government shall, within 1*[one month] from the date of the receipt of such
  copy, publish the same in the Official Gazette

• Subsection (4A)- Where an industrial dispute has been referred to arbitration
  and a notification has been issued under sub-section (3A), the appropriate
  Government may, by order, prohibit the continuance of any strike or lock-out in
  connection with such dispute which may be in existence on the date of the
  reference.
(2) Where a strike or lock-out in pursuance of an
   industrial dispute has already commenced and is in
   existence at 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
   lock-out shall not be deemed to be illegal, provided
   that such strike or lock-out was not at its
   commencement in contravention of the provisions of
   this Act or the continuance thereof was not prohibited
   under sub-section (3) of section 10 r sub-section (4A)
   of section 10A.

(3) A lock-out declared in consequence of an illegal strike
   or a strike declared in consequence of an illegal lock-
   out shall not be deemed to be illegal
  Section 26: Penalty for illegal strikes
             and lock-outs
(1) Any workman who commences, continues or
  otherwise acts in furtherance, of, a strike which is
  illegal-shall be punishable with imprisonment for
  a term which may extend to one month, or with a
  fine, or with both.

(2) 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 a fine, or with both.
Consequences of Illegal Strikes- Cases
• Dismissal of workmen-

  In M/S Burn & Co. Ltd. V, Their Workmen, it was laid down that mere
  participation in the strike would not justify suspension or dismissal of
  workmen. Where the strike was illegal the Supreme Court held that in
  case of illegal strike the only question of practical importance would be
  the quantum or kind of punishment. To decide the quantum of
  punishment a clear distinction has to be made between violent strikers
  and peaceful strikers.

  In Punjab National Bank v. Their Employees , it was held that in the case
  of strike, the employer might bar the entry of the strikers within the
  premises by adopting effective and legitimate method in that behalf. He
  may call upon employees to vacate, and, on their refusal to do so, take
  due steps to suspend them from employment, proceed to hold proper
  inquires according to the standing order and pass proper orders against
  them subject to the relevant provisions of the Act.
• Wages-

   In Cropton Greaves Ltd. v. Workmen, it was held that in order to entitle
   workmen to wages for the period of strike- strike should be legal and
   justified. A strike is legal if it does not violate any provision of the statute. It
   cannot be said to be unjustified unless reasons for it are entirely perverse or
   unreasonable.Use of force, coercion, violence or acts of sabotage resorted
   to by the workmen during the strike period which was legal and justified
   would disentitle them to wages for strike period

• Right of employer to compensation for loss caused by illegal strike-

   In Rothas Industries v. Its Union , Supreme Court held that remedy for
   illegal strike has to be sought exclusively in section 26 of the Act. The award
   granting compensation to employer for loss of business though illegal strike
   is illegal because such compensation is not a dispute within the meaning of
   section 2(k) of the Act (Section 2(k) defines the term “Industrial Disputes”)
                 Conclusion
• The right to strike is not fundamental and
  absolute right in India in any special and
  common law, whether any undertaking is
  industry or not.
• This is a conditional right only available after
  certain pre-condition are fulfilled.
• If the constitution had intended to confer on
  the citizen the right strike as a fundamental
  right, it would have expressly said so.
Machinery for Settlement of Industrial
         Disputes in India
• Standing orders: Rules and regulations which
    govern conditions of employment of workers. The
  Industrial Employment (standing orders) Act of 1946
  provides for the framing of standing orders in all
  industrial undertakings employing 100 or more
    workers.
• Grievance procedure: A model grievance procedure as
  suggested by the Indian Labour Conference, 1958
  has more or less been widely accepted in India now.
• Code of discipline: It consists of a set of self-imposed
  obligations voluntarily formulated by the central
  organization of workers and employers.
• Conciliation: The practice by which services of a neutral third
  party are used in a dispute as a means of helping the disputing
  parties to reduce the extent of their differences and to arrive
  at an amicable settlement or agreed solution.
   – Conciliation officer: an authority appointed by the government to
     mediate disputes between parties brought to his notice; enjoying the
     powers of a civil court. He is supposed to give judgment within 14 days
     of the commencement of the conciliation proceedings.
   – Board of conciliation: The Board is an adhoc, tripartite body (consisting
     of 3 members) having the powers of a civil court created for a specific
     dispute(when the conciliation officer fails to resolve disputes within a
     time frame, the board is appointed)
   – Court of enquiry: In case the conciliation proceedings fail to resolve a
     dispute, a court of enquiry is constituted by the government to
     investigate the dispute and submit the report within six months.
• Voluntary arbitration: It is he process in which the
  disputing parties show willingness to go to an arbitrator
  (a third party) and submit to his decision voluntarily.


• Adjudication: It is the process of settling disputes
  compulsorily through the intervention of a third party
  appointed by the Government. The Industrial Disputes
  Act provides a three-tier adjudication machinery
  consisting of:
  1. Labour court
  2. Industrial tribunal
  3. National tribunal
      History of Strike in Maruti
• The last labour strike was in 2000, at its other
  facility in Gurgaon.
• The image of the company in the minds of many
  management personnel-one where the workers
  were happy.
• In early-2010, coming out of the slowdown in
  car, Maruti experienced a spurt in demand.
  Unexpected jump -- a 30% rise year-on-year -- in
  bookings.
• The company had not invested in manufacturing
  capacity during the slowdown.
• Lost market share to competitors
• Team put in place a series of measures to
  produce more. Production zoomed.
• Singh's measures saved Maruti the cost of a
  new assembly line -- Rs 1,700 crore.
• But production shot up by 40% at Manesar
  plant.
       Young and Local Workforce
• The Manesar plant draws its employees mostly from
  Haryana, in particular from regions such as Jheend and
  Jhajjar.
• The plant has about 950 regular workers, 400 trainees, 700
  contract workers, and 400 apprentices.
• A regular worker at Maruti could make up to Rs 25,000 per
  month in CTC (cost to company) in his first year of
  employment
• About 50% of this is in the form of performance incentives,
  including an attendance reward that amounts to 18% of
  CTC and has become a contentious issue in the ongoing
  strike.
• A contract worker, depending on his skills, anywhere from
  the minimum wage (Rs 4,644 in Haryana) to Rs 12,000.
    5 October 2011: Maruti workers
    vacate premises, strike continues
• The deadlock continued ,However, the company
  heaved a sigh of relief with thousands of
  protesting workers deciding to move out of the
  factory premises.
• Punjab and Haryana High Court ordered directing
  striking Maruti workers to vacate the premises.
• The district police officials engaged in some hard
  talk and negotiations which yielded results.
• However, the strike by thousands of workers
  continued 100 meters outside the premises.
• Back-door negotiations were underway for calling off
  the strike at the time of filing of this report
• Production stalled at Maruti in the absence of essential
  component upplies from Suzuki Powertrain India Ltd
  (SPIL).
• The company lost estimated Rs 1540 crore in revenue
  during the strike this season. In June-July, there was a
  13-day strike with workers demanding recognition of a
  new trade union. Once that ended, another over a
  month long strike started that ended on October 1 over
  the good conduct issue and a demand to reinstate
  sacked workers, rocked Maruti.
• Protesters are now demanding to reinstate workers
  who were shown the door during the period of strike.
• Maruti’s production is down by at least one-half.
      4 July 2011: Lockdown & After
• Was a wake up call for the corporate, it threatened to
  flare up into a wider industrial dispute.
• The plant workers wanted to register a new union—the
  Maruti Suzuki Employees Union (MSEU)
• Due to new management practices of hiring employees
  on contract and not putting them on the rolls, the
  number of industrial disputes and strikes in the
  manufacturing sector had scaled down from around
  250 in 2004-05 to under 100 in 2010
• It’s a pattern among new companies also, they either
  do not want unions or have ‘pocket unions’ who
  support the management.”
• 65 unions in the nearby industrial belts of Noida,
  Dharuhera, Manesar and Gurgaon had voiced
  their support.
• According to rough estimates, over 50 per cent of
  workers in most of the large companies are on
  contract and do not have rights to join unions
• Coen Kompier, labour standards specialist with
  the International Labour Organization (ILO), says,
  “In general and compared to many other
  countries, the industrial relations system in India
  is very confrontational, which harms the interests
  of all parties
 17 October 2011: Maruti strike continues after
     occupation ends under police threat
• About 1,500 police troops moved into the factory early that
  day to enforce a high court order to end the occupation
  however Workers continued with their strike.

• It was a rebellion against the unions’ collaboration with
  management and the company’s failure to honor even the
  back-to-work agreement by rehiring 1,200 contract
  workers.

• It soon prompted sympathy strikes by over 10,000 workers
  in several auto-related companies in the Gurgaon-Manesar
  industrial belt that included three other Suzuki factories:
  Suzuki Powertrain India Ltd. (SPIL), Suzuki Castings, and
  Suzuki Motorcycle India Pvt. Ltd. (SMIL).
• The state government on Wednesday declared
  the strike by workers at Manesar and other
  Suzuki units illegal, starting the process of
  deregistration of the unions at SPIL and SMIL.
• Relying on the state government’s support,
  Suzuki management went to the Haryana High
  Court on Thursday to request the illegalization of
  the strikes. However, the court refused.
• The sell-out agreement forcing workers to sign
  the ‘good conduct bond’ and to end the 33-day
  lockout was negotiated by the HMS. The AITUC
  and CITU endorsed it.
• Production at the Maruti plant in nearby Gurgaon
  also ceased due to parts shortage as a result of
  sympathy strikes at other Suzuki plants.
• The strikes have so alarmed MSI’s investors that
  some of them made an unprecedented call for
  direct talks with strikers at a conference call
  organized by Mumbai-based brokerage Nirmal
  Bang Institutional Equities Pvt.
• Maruti Suzuki’s current labour costs amount to 2
  percent of net sales—the lowest among its peers
  in India and Asia.
• It is also learnt that representatives of around
  20 village panchayats around Manesar met
  with the workers.
• They said that they will approach the district
  administration and even hold a
  'mahapanchayat' if a solution is not reached.
    Anand Sharma steps in to resolve
          Maruti Suzuki crisis
• Commerce and industry minister Anand Sharma agreed
  to speak to the chief minister of Haryana about the
  strike.
• There should be a tripartite dialogue between trade
  union representatives, employers and the state
  government to sort out all contentious issues, the
  minister said.
• The industry ministry had a dialogue with the labour
  ministry to find out possible ways out of the crisis.
• The Haryana labour department declared the strike as
  illegal
    Anand Sharma steps in to Resolve
          Maruti Suzuki crisis
• Haryana labour ministry declared strike
  illegal
• Anand Sharma decided to take matters
  to Haryana Government
• 350 crore excise loss to Government &
  1540 crore loss to company
• On 7 October, The employees were
  demanding the reinstatement of over
  1,000 casual staff who were not allowed
  to rejoin work.
• Tripartite dialogue between trade union
  representatives, employers and the state
  government to sort out all contentious
  issues to be held.
• "The fresh incidents of violence have not only
  destabilised the growth of automobile industry
  but also tainted the country's image of a 'low cost
  manufacturing destination' in international
  market," said YK Modi, member, ILO governing
  body and former president of Ficci.
• "There is already inflation to be tackled by
  households, so if incomes go people will hurt more,"
  Sharma said.
Worried over Maruti Suzuki labour unrest at Manesar
 plant, investors reach to union leader Sonu Gujjar

 • Over 127 analysts, investors and fund managers participated
   in a conference call with Sonu Gujjar, president of Maruti
   Suzuki Employees Union.
 • Life Insurance Corporation, ICICI Prudential Life and Bajaj
   Allianz are among the major shareholders in the country's
   largest carmaker.
     Company had deducted 64 days' salary of employees who had
      participated in the previous strike, violating an agreement with the
      union that it will cut only a month's pay.
     Employees getting just a seven-minute break for refreshments.
     Company was penalizing workers for taking 'unplanned' leave by
      deducting Rs 1,100 from their salary.
  4 November 2011: Trade union leader Sonu
      Gujjar quits with Rs 40 lakh payout

• 30 suspended
  workers at Maruti's
  Manesar plant,
  including their two
  leaders Sonu Gujjar
  and Shiv Kumar quit.
• Taking amounts
  ranging between Rs
  16 lakh and Rs 40
  lakh.
9 November 2011: Workers adopt ‘Go-slow’ policy at
     SPIL, Maruti’s critical diesel engine plant

• Act in protest of unsatisfactory resolution
• Output decreased to 60%
• Delay in delivery of models such as diesel driven
  Suzuki Hatchback, Swift Dzire.
• Similar events taking place in Manesar plant.
• Enforcement of good conduct bond
   Maruti strike called off after tripartite pacts

• The 14-day-long strike by workers of Maruti Suzuki India
  Limited's Manesar plant in which workers of Suzuki
  Powertrain India Limited and Suzuki Motorcycle India Private
  Limited joined, was called off in the early hours of Friday after
  the managements, the workers and the Haryana government
  arrived at separate tripartite agreements.
• Formation of two committees at Manesar Plant : grievance
  redress committee and a labour welfare committee.
• Management took back 1200 contract workers
Reasons &
Overview
 of Strike
• Emerging out of recession, in 2010; Maruti seen a spurt
  in demand for which Maruti was not prepared.
• To combat that, measures like - frequent maintenance
  of machines, reprogramming robots and
  implementation of a "flexi-line“ were introduced.
• Manesar plant produced 350,000 from 250,000 cars a
  year before.
• Correspondingly, worker’s incentives were aligned to
  production.
• Only 60 % regular employees, rest contract labour.
• Difference in wage level between permanent and
  contract workers - Rs. 28,000 per month versus Rs.
  7500 per month.
• Formation of a second workers union to represent the
  Maruti’s Manesar plant workers.
       Future of Maruti Suzuki(MSIL)
Greener Car Concept




                             What About
                              people??
  Designing new car
models at a new plant in
  Rohtak for future
      expansion.
Examples
                Jet Airways Strike
• The airline pilots do not have any union and being contract
  employees can be shown the door anytime.

• When the National Aviators Guild was formed, the Jet Airways
  management sacked two of its pilots for playing a role in the
  formation of the Union.
• Thus, the strike was announced.

• Jet rushed to the Bombay High Court that ruled the strike to
  be illegal and prohibited the Union from going on strike by
  virtue of Sections 22 and 23 of the Industrial Disputes Act.
• The Union still went ahead with the strike by taking mass sick/
  casual leave

• The NAG at the same time filed petitions in the Madras High
  Court against Jet Airways on the hiring of expats for the job.

• In 1995, the Supreme Court in Tirumala Tirupati Devasthanam
  v Commissioner of Labour (1995) Supp 3 SSC 653 stated that
  any group of employees has the right to form a union under the
  Trade Union Act

• The crucial point is that it uses the word ‘employee’ rather than
  ‘workmen’ and this rebuts the contention of Jet that they
  cannot form a Union because they are not workmen under the
  ID Act.
• The standoff has ended and the Jet pilots had decided
  to start flying with immediate effect.

• The negotiations ended with the formation of a
  grievance committee consisting of both pilots and
  administration members to hear such cases.

• Chief Justice Swatanter Kumar and Justice A.M.
  Khanwilkar opined that the strike is illegal and
  restrained the NAG from going on an illegal strike
  under Section 22 and 23 of the Industrial Disputes Act,
  1947
                AIIMS Doctors Strike
• The doctors of All India Institute of Medical Sciences went on
  strike on four occasions, May, 2006 on the issue of reservation of
  seats for Other Backward Class in institutions of higher education

• From 05.7.2006 to 07.7.2006 on the issue of removal of the then
  Director of AIIMS

• From 29.8.2007 to 30.8.2007 on the issue of refusal of the Health
  Minister for signing the degrees and certificates of students
  because of certain dispute.

• Then on 29.11.2007 on the issue of passing the Amendment Bill
  fixing the age of retirement of the Director of AIIMS.
• The strikes had a tremendous impact and the patients
  suffered as emergency services were shut down.

• Further certain doctors, who wanted to help, aid or
  assist the patients, were coerced and compelled not to
  attend the patients.

• The doctors, regard being had to their nature of
  duties, responsibilities, professional ethics and the
  right of a citizen under Article 21 of the Constitution to
  avail treatment cannot go on strike
• In Pt. Parmanand Katara v. Union of India and others,
  (1989) 4 SCC 286, the Apex Court has held thus there can
  be no second opinion that preservation of human life is of
  paramount importance.

• Article 21 of the Constitution casts the obligation on the
  State to preserve life.
•
• The provision as explained by the Court in scores of
  decisions has emphasised and reiterated with gradually
  increasing emphasis that position

• A doctor at the Government hospital positioned to meet
  this State obligation is, therefore, duty bound to extend
  medical assistance for preserving life.
• Preservation of Scheduled Castes and
  Scheduled ... vs. Union of India and Others on
  21 February, 2011 the court stated human life is
  of paramount importance.
• The Government hospitals run by the State and
  the medical officers employed therein is duty-
  bound to extend medical assistance for
  preserving human life
 The court ruled as follows
• The doctors, residents, interns, para medical staff or
  any other person connected with AIIMS could not have
  gone on strike after the exoneration by the Apex Court
  and, therefore, their said action is declared illegal.

• The authorities of the AIIMS cannot get away by
  taking a specious plea or a mercurial stand that though
  there was a strike, yet they are not aware who were
  actually involved in the strike.
• It is obligatory on the part of the authorities of
  the AIIMS to see that no one involved in the
  institution shows any kind of deviancy by taking
  recourse to strikes, protests or demonstrations



• He who engages himself in such activity would
  be liable for disciplinary proceeding and also for
  the contempt of this Court
            Indian Airlines Strike
• Can a registered trade union be derecognized by the
  Management without being issued a show cause notice
  and without affording such union an opportunity of
  being heard?

• The Petitioners, who were fifteen workmen of Indian
  Airlines, challenged an order passed by Indian Airlines
  to the effect that in view of the recognition granted to
  the Indian Aircraft Technicians‟ Association, the ACEU
  will not be any longer entitled to represent the
  categories of workmen specified in the letter
 Strike at Honda Motorcycle and Scooter India,
                    2005
• Workers hired on daily contract , wages were poor
• Dec’04 a manager allegedly hit a worker , engaged in
  organizing a union within the plant
• 27th June’05 : management force workers to renounce further
  demands and strikes
• 10th July ’05: Production volume dropped by 70% and only
  38% of the workers were working
• 13th July’05: ACMA demanded Govt. to take action against the
  strike
• 25th of July : Workers demonstrated , police attacks the
  protestors which lead to many injuries , 300 workers arrested
• 26th July’05 : Newspaper announced 28 workers missing ,
  more riots broke out
• 1st Aug’05: Production resumed with low daily output
                         Results

• Loss of 1.2 billion rupee to the company because of strike
• Worker were rehired under ‘ good-conduct’ declaration and
  abstain from further strikes and demands
• Workers were granted a wage increase
• Negative effect n the production plant of other automobile
  companies
• Management wanted more stringent rules to avoid strkes in
  companies
    Strike at Dr. Reddy Laboratories, 2011

• India’s second largest pharmaceutical manufacturer
  employing 13,500 people
• 12th Aug’11:650 contract workers at Dr Reddy’s Laboratories’
  Pydibhimavaram manufacturing facility in Srikakulam,
  Andhra Pradesh went on for strike
• Company has scaled down the contract workers to 85
• Demands included a wage rise, improved allowances and
  regularization of employees
• 8th Nov’11: Company agrees on increasing the wage , but
  workers disregarded this and continued on the strike
• 20th Nov ‘11: 3 months strike was called off
                          Results

• Engage contract workers as per the shift requirement
• Daily wage of contract workers were increases to Rs 260 from
  the Rs 213
• Company will take 180 contract workers into job and may
  increase the number based on requirement
• Company has to bear looses and stock price dipped
                   Coal India Strike

• Demands of wage hike and higher bonus
• Strike continued for 7 days
• Company decided to give Rs 20,000 as bonus and an
  additional of Rs 1,000 as Diwali gift
• Company has to suffer huge losses but at the same time gave
  a surge to the share price of the company
                    Misuse of strike
• Strikes are a source of economic loss
• Wages are lost, profits are lost and production is lost
• Strikes can be employed to further the personal interest of
  the union leaders
• Inflict injury in a spirit of revenge
• Incite and use the inner political struggles of a union
• Instigation of the management to eliminate business
  competition
• Act to surge stock prices
• Avoid misuse of strike : “Fact finding “committee
Preventive measures & ways to deal with strikes

•   When formulating an employment contract, the parties may also use
    supplemental clauses in addition to relying on government supplied model labor
    contract
•   Focus on perfecting the company’s internal regulations, with special attention on
    the company’s employee manual
•   Improve communication
•   Foreign invested enterprises must properly consider the functions of trade unions
•   An enterprise must carefully consider its decision to embark on any action that
    may have a collective effect on employee
•   Regular employee feedback
•   Placement of certain loyal personnels among the union leaders
•   Lookout for “go-slow” by workers as it could be a precedent to a full blown strike
•   Maintain strong relations with the political leaders around the area of operation
•   Companies may also promote women managers to communicate with the
    workers to avoid violence and give a sense of comfort
                   In case of strike

• Company should seek counsel or lawyer advice
• Negotiating with striking workers, company management
  should remain calm while avoiding using emotional rhetoric
  leading to violent confrontation
• Lay the groundwork for proper building and premise security
• Company must be mindful to maintain communication with
  the media
• The company should treat separately the striking workers’
  possibly divergent demands
INTERNATIONAL PERSPECTIVE ON
          STRIKES
              Wildcat Strikes
• Strikes without formal union authorization are
  also known as wildcat strikes
• Here the workers decide to strike without the
  sanction of a labor union
  – because the union refuses to endorse such a tactic
  – because the workers concerned are not unionized
• Such strikes are often described as unofficial
• These do not enjoy the same legal protections
  as recognized union strikes
         Picketing and boycott
• Is the act of surrounding and picketing the
  owner's residence
• Violent picketing is illegal
• Workers refuse to attend work or picket
  outside the workplace
  – Prevent or dissuade people from working in their
    place , and
  – Prevent people conducting business with their
    employer
             Sit down Strike
• Here, workers may occupy the workplace, but
  refuse either to do their jobs or to leave
                   Work-in

• employees occupy the workplace but still
  continue work, often without pay
  – attempts to show they are still useful, or
  – that worker self-management can be successful
       Work-to-Rule or Go-slow
• workers perform their tasks exactly as they are
  required to but no better
• workers might follow all safety regulations in
  such a way that it impedes their productivity
• a form of "partial strike" or "slowdown“
• work their usual hours but their productivity is
  greatly reduced
• go-slow may often be a precedent to brewing
  discontent within the employees
                Green Ban
• Developed by more socially conscious unions
• A strike takes place by a trade union for
  environmentalist or conservationist purposes
• Organizations carrying out operations that
  may impact the environment may be prone to
  such a strike from their own unions
              General Strikes
• General Strikes involve
  – A large number of workers
  – large and important groups of workers
  – in a particular community or region
• Take place in order to put pressure on the
  State or other authorities
             Sympathy Strike
• a small scale version of a general strike
• one group of workers refuses to cross a picket
  line established by another as a means of
  supporting the striking workers
          Jurisdictional Strike
• This type of strike occurs when “disputed”
  work is assigned to unorganized workers
  rather than the members of the recognized
  union
              Hunger Strike
• Deliberate refusal to eat
• Workers gather near the factory/ factory
  owner's residence and refuse to eat
• Form of non-violent strike
• Aims to worsen the public image of the target
                     Sickout
• is a type of strike action in which the strikers
  call in sick
• is used in cases where laws prohibit certain
  employees from declaring a strike
• Police, firefighters, and air traffic controllers,
  public utility services are groups commonly
  barred from striking
                   Gherao
• The process of blocking a target by encircling
  it
• May prevent people from approaching the
  target
• Target may be an office, a building entrance,
  factory, residence, etc
• May involve assault and torture
• Gheraos are illegal
Legal prohibitions on strikes
 In the People's Republic of China and the
           Former Soviet Union
• striking is illegal and viewed as counter-
  revolutionary
• The govt in such systems claims to represent the
  working class, thus
• it has been argued that unions and strikes were
  not necessary
• Trade unions in the Soviet Union were known as
  "Schools of Communism”
  – As they were a means to educate workers about the
    country's economic system
                   In France
• the right to strike is recognized and guaranteed
  by the Constitution
• A new law was adopted in 2007 which forces
  certain categories of public transport workers to
  declare to their employer 48 hours in advance if
  they intend to go on strike
• The unions did and still do oppose this law
• Also this law has not had much effect as strikes
  in public transports still occur
             In the United States
• Railway Labor Act bans strikes by United States
  airline and railroad employees except in narrowly
  defined circumstances
• National Labor Relations Act generally permits
  strikes,
   – Except in case of industries in which a strike would
     create a national emergency
• Some jurisdictions prohibit all strikes by public
  employees, such as
   – Police
   – Firefighter
International Covenant on Economic, Social
            and Cultural Rights
• India is a signed and ratified party to ICESCR-
  hence has to compulsorily provide for option for
  strike
• ICESCR is a multilateral treaty adopted by the
  United Nations General Assembly
• works toward the granting of economic, social,
  and cultural rights (ESCR) to
  –   individuals, including labour rights and
  –   the right to health,
  –   the right to education, and
  –   the right to an adequate standard of living
    Recent Developments - Egypt
• New law prohibiting categories of strikes, sit-ins
  in Egypt- 24 march 2011
   – Prohibits (demonstrations, strikes and sit-ins)
   – That hamper production and the economic recovery
     of the country in its critical transitional period
• cabinet proposed a one-year jail term for those
  who incite such strikes and sit-ins
• laws would be applicable as long as the state of
  emergency in the country was in place
      Recent Developments - US
• Police Violence Sparks General Strike Idea
  Within 'Occupy Wall Street‘
  – After police injured an Occupy Oakland protestor ,
    it sparked the call for a general strike on Nov. 2,
    2011
Implications of Strikes
Labour Laws and the Right to Strike
Cons                                         Pros
•   Revenue loss and production loss for     •   Important since they are the primary
    the Company                                  way by which the interest of the
                                                 workers can be given some
•   Loss to the overall GDP of the country       protection
•   The amount of strikes are actually       •   Specially in developing countries such
    making entrepreneurs apprehensive -          as India, laws providing a cushion to
    it is dissuading new entrepreneurs           workers is necessary
•   Labour laws are posing more              •   Otherwise the domestic labour will
    restrictions on organizations with           not be able to represent itself with
    more than 100 workers                        power and authority to the various
                                                 national and international companies
•   This deters certain organizations from       (which are generally guided by the
    expanding, since they do not want to         motive of creation of profits and
    face the hassles, thus again hindering       wealth for shareholders)
    growth and potential
          Significant trends in Industrial Disputes
              and the resultant mandays lost
• Industrial Disputes in the Public and Private Sectors of both Central and
  State Spheres:

                            No. of disputes (strikes   Workers       Mandays
                            & lockouts)                Involved      Lost
       Public Sector        17.48%                     34.79%        1.22%
       Private Sector       82.52%                     98.78%        65.21%
                                      (as a percentage of total all-india figures)


• Thus, on all-India basis, the State Sphere has the highest percentage of
  disputes workers involved and mandays lost
        Significant trends in Industrial Disputes
            and the resultant mandays lost
•   Industrial Disputes in 2007 vis-a-vis 2005 and 2006:
     – The numbers of strikes reported during 2007 were 210
         • Decreased by 22.73 per cent in Public Sector ;
         • Decreased by 8.39 per cent in Private Sector as compared to the previous year

     – Total number of disputes (389) reported during 2007 were less by 9.54 per cent and
       14.69 per cent as compared to the number of disputes during the years 2006 and 2005
       respectively


•   Time-loss due to industrial disputes in 2007 vis-a-vis 2006:
     – During the year 2007 as compared to 2006, the time-loss due to Strikes and Lockouts in
       public and private sectors registered a decrease of 87.52 and increased 51.89 per cent
       respectively
     – For strikes the average time-loss increased considerably from 21,886 to 71,694
       mandays per dispute.
Analysis of industrial disputes in the
     public and private sectors
                     Analysis by Months
Overall
Month                         No. of Disputes
January (highest)             31
September (2nd highest)       28
December (lowest)             11
Central Sphere
Month                         No. of Disputes
January (highest)             12
October (highest)             12
August (lowest)               1

State Sphere
Month                         No. of Disputes
September (highest)           20
January (2nd highest)         19
July (2nd highest)            19
                   Analysis by States
State                                    Time-loss (in mandays)
West Bengal (highest)                    23.74 million
Tamil Nadu                               1.41 million
Rajasthan                                0.95 million
Andhra Pradesh                           0.34 million
Kerala                                   0.23 million

• These Five States together accounted for as much as :
    • 73.01 per cent of the total number of disputes
    • 75.89 per cent of the total number of workers involved
    • 98.17 per cent of the total time-loss
                  Analysis by Industries
•   Manufacturing Division (Industry Codes 15 to 37) accounted for the highest number of
    disputes (236 or 60.67 per cent) with 23.43 million mandays lost or 86.26 per cent of the
    total time-loss
     – Within this, Manufacture of Textiles (Industry Code 17) accounted for the largest time-
         loss (20.09 million mandays or 73.93 per cent) of the total time-loss

•   This was followed by industry groups, Manufacture of Other Transaport
    Equipment (Industry Code 35 ) and Manufacture of Basic Metals (Industry Code 27 )

•   Agriculture, Hunting and Related Service Activities (Industry Code 01) accounted for 2.87
    million mandays time-loss or 10.56 per cent of the total time loss during the year 2007

•   For Central Sphere:
     – Banks accounted for the highest number of disputes (34)
     – Post &Telegraphs contributed the highest number of workers involved (0.12 million
         workers) and highest time-loss (0.12 million mandays)
                    Analysis by Causes
•   Disputes due to Wages and Allowances and Bonus accounted for 5.94 per cent of
    the total time-loss

•   In non-monetary group, the Indiscipline and Violence accounted for 34.59 per
    cent and 48.47 per cent respectively to the total time-loss

•   In Central Sphere
     • The Charter of Demands accounted for 2.28 per cent;
     • Government Economic Policy 55.99 per cent;
     • Personnel 1.37 per cent and other reasons 4.90 per cent of the total time loss

•   The highest number of disputes (24 or 35.82 per cent) were reported in Central
    Sphere due to Wages and Allowances followed by Government Economic
    Policy (13 or 19.40 per cent)
         Analysis of industrial disputes in the
              public and private sectors

• Analysis by Duration:
    – The percentage share of disputes to the total disputes which lasted for a day
      or less was the highest 26.78 per cent among all the class-intervals of
      duration
    – Second in order was more than 30 day which accounted for 24.67 per cent to
      the total disputes during the year


• Analysis by Methods of Settlements and Results:
    – Government Intervention and Mutual Settlement / Negotiation played a
      significant role in bringing about successful and partially successful
      settlements of disputes during the year under study
Political/ sympathetic strikes and disputes due
   to reasons other than industrial disputes
    Analysis of Political and Sympathetic Strikes

• These strikes accounted for a time-loss of 65,913 Mondays in the Central
  Sphere and 8,877 mandays in the State Sphere

• Total 20 such strikes during the year

• In Central Sphere:
    – Accounted for the maximum time loss of 88.13 per cent of the total time-loss of
      both spheres
    – Maximum time-loss (41,859 mandays) in Andhra Pradesh, which accounted for
      63.51 per cent of the total time-loss
• In the State Sphere:
    – Accounted for 11.87 per cent of the total time-loss of both spheres
    – Kerala State had recorded the time-loss (72.77 per cent) of the total time-loss in
      State Sphere
Political/ sympathetic strikes and disputes due
   to reasons other than industrial disputes
Political/ sympathetic strikes and disputes due
   to reasons other than industrial disputes
Data for more recent years
 Sphere-wise Statistics of Strikes and Lockouts
during the years 2009 (P), 2010(P) and 2011 (P)




                                                  P = Provisional
Industrial Disputes (All Strikes and Lockouts) in India
         (1992 to 2010 and 2011-Upto May)
                                         Number of
Year                                         Workers         Mandays
                           Disputes
                                             Involved      Lost ( ' 000)
1992                          1714           1252225             31259
1993                          1393            953867             20301
1994                          1201            846429             20983
1995                          1066            989695             16290
1996                          1166            939304             20285
1997                          1305            981267             16971
1998                          1097           1288923             22062
1999                           927           1310695             26787
2000                           771           1418299             28763
2001                           674            687778             23767
2002                           579           1079434             26586
2003                           552           1815945             30256
2004                           477           2072221             23866
2005                           456           2913601             29665
2006                           430           1810348             20324
2007                           389            724574             27167
2008 (P)                       421           1579298             17434
2009 (P)                       392           1625505             13365
2010 (P)                       430           1016815             17902

2011, Jan. May (P)              74             45570               485

                                                                  Note : P : Provisional.
                     Source : Ministry of Labour and Employment, Govt. of India. (12936)
                Mandays Lost and Production Lost Due to Strikes
                       in Singareni Collieries Company
                            Limited (SCCL) in India
                          (1998-1999 to 2010-2011)
                                                                         Production Lost
Year                           No. of Strikes        Mandays Lost
                                                                              (In Tonne)
1998-99                                  124             1884493                  1579194
1999-00                                   98             1318554                  1580840
2000-01                                   47              295277                  356762
2001-02                                   54             1333051                  1254813
2002-03                                   35             1630798                  647426
2003-04                                   15              102942                  121647
2004-05                                   14               91818                   57499
2005-06                                   11              240403                  110189
2006-07                                   03                5587                    9872
2007-08                                   Nil                 Nil                     Nil
2008-09                                   04               23065                   19072
2009-10                                   02                1430                    4893
2010-11                                   01               49910                  108952


          Source : Ministry of Coal, Govt. of India. (10699), (11460) & (12565)
               Number of Strikes and Mandays/Production
                      Lost in Coal India Limited
                      (1997-1998 to 2010-2011)


                                                                 Production Lost
Year                        No. of Strikes     Mandays Lost
                                                                      (In Tonne)

1997-98                                22             92248             143637
1998-99                                34           381092              501218
1999-00                                39           175738              301827
2000-01                                36           834076             1048099
2001-02                                22           748683             1700835
2002-03                                20           313925              734437
2003-04                                12           255706              414327
2004-05                                11             70172             324444
2005-06                                 6           176898              193670
2006-07                                 7           127703              193423
2007-08                                 4             23823               95477
2008-09                                 6           196707              239983
2009-10                                Nil              Nil                    Nil
2010-11                                 4           246899              510291
       Source : Ministry of Coal, Govt. of India. (10699), (11460) & (12565)
                              State-wise Number of Industrial Disputes
                                  (All Strikes and Lockouts) in India
                                        (January to May, 2011)*
                                                                                     No. of Mandays
States/UTs                               No. of Disputes   No. of Workers Involved
                                                                                                Lost
Andhra Pradesh                                       10                      8117             94317
Arunachal Pradesh                                     -                         -                  -
Assam                                                 -                         -                  -
Bihar                                                 1                       227             17252
Chhattisgarh                                          1                       127               254
Goa                                                   -                         -                  -
Gujarat                                              12                      2377              9764
Haryana                                               1                      1000             46000
Himachal Pradesh                                      -                         -                  -
Jammu and Kashmir                                     -                         -                  -
Jharkhand                                             -                         -                  -
Karnataka                                             8                      1588             40916
Kerala                                                -                         -                  -
Madhya Pradesh                                        -                         -                  -
Maharashtra                                           -                         -                  -
Manipur                                               -                         -                  -
Meghalaya                                             -                         -                  -
Mizoram                                               -                         -                  -
Nagaland                                              -                         -                  -
Orissa                                                -                         -                  -
Punjab                                                -                         -                  -
Rajasthan                                             8                      6774             47373
Sikkim                                                -                         -                  -
Tamil Nadu                                           30                     24428            207917
Tripura                                               -                         -                  -
Uttarakhand                                           -                         -                  -
Uttar Pradesh                                         -                         -                  -   Note : - : Nil / Not Available.
West Bengal                                           -                         -                  -                   * : Provisional.
Andaman and Nicobar Islands                            -                         -                 -
                                                                                                                              Source :
Chandigarh                                            -                         -                 -
                                                                                                                Ministry of Labour
Dadra and Nagar Haveli                                -                         -                 -
Daman and Diu                                         -                         -                 -               and Employment,
Delhi                                                 -                         -                 -        Govt. of India. (12936)
Lakshadweep                                           -                         -                 -
Puducherry                                            3                       932             21225
India                                                74                     45570            485018
                  Sector/Sphere-wise Number of Disputes, Workers Involved and
                         Mandays Lost due to Industrial Disputes in India
                                    (January to May, 2011)*
                           Public Sector                   Private Sector                              Total
Sphere/                          No. of No. of                    No. of No. of
Items             No. of                              No. of                            No. of   No. of Workers No. of Mandays
                              Workers Mandays                  Workers Mandays
               Disputes                            Disputes                          Disputes           Involved          Lost
                              Involved   Lost                  Involved   Lost

(i) Central
Sphere

Strikes               6           2168      9182          1            -      1024          7            2168           10206

Lockouts               -              -        -           -           -         -           -                 -             -


Strikes &
Lockouts              6           2168      9182          1            -      1024          7            2168           10206
Total

(ii) State
Sphere
Strikes               5           4842     68007         46      36087      339274         51           40929          407281

Lockouts               -              -        -         16       2473       67531         16            2473           67531


Strikes &
Lockouts              5           4842     68007         62      38560      406805         67           43402          474812
Total


Grand
                     11           7010     77189         63      38500      407829         74           45570          485018
Total (i+ii)


               Source : Ministry of Labour and Employment, Govt. of India. (12936)
        Number of Disputes, Workers Involved, Mandays/Wages Lost
             and Production Loss by Industry Group in India
                                 (2007)
                                    Number of                    Wages Lost     Production
                        Number of                 Number of
Industry Group    A/B                 workers
                         Disputes               Mandays Lost         (In Rs.)   Loss (In Rs)
                                     Involved

                  A            3        4406           7460      2158140(2)                -
Ports & Docks
                  B             -           -              -                -              -
                  A            9        6631          13123      2822402(2)                -
Air Transport
                  B             -           -              -                -              -
                  A            3       10955          67817      9582185(3)     1606010(1)
Coal Mines
                  B             -           -              -                -              -
                  A            1            -              -                -              -
Non-Coal Mines
                  B             -           -              -                -              -
                  A            6        3131           3153      2320903(3)     2111112(1)
Oil Fields
                  B             -           -              -                -              -

                  A           34      103247         114777    65788722(22)                -
Banks
                  B             -           -              -                -              -
                  A            2         351            174       156220(2)                -
Insurance
                  B             -           -              -                -              -             Note : A : All Disputes in Central Sphere.
                  A            1         450            450                 -              -                   B : All Lockouts in Central Sphere.
Railway (Except                                                                                                                    - : Not available.
Workshops)        B             -           -              -                -              -             : Figures in brackets indicate the number
                                                                                                        of cases to which the relevant information
Posts &           A            6      120968         120968     13832158(*) 119789469(*)
                                                                                                                                             relates.
Telegraphs
                  B             -           -              -                -              -   * : The number of cases have been shown as 'NIL'
Defence           A             -           -              -                -              -       as the same relates to All-India Strikes and not
undertakings      B             -           -              -                -              -                               counted in the Industry.
                                                                                                                                           Source :
Other Central     A            2         301            301                 -              -
                                                                                                                         Ministry of Labour and
Undertakings      B             -           -              -                -              -
                                                                                                           Employment, Govt. of India. (ON10)
                  A           67      250440         328223    96660730(39) 123506591(2)
India
                  B             -           -              -                -              -
                                        References
•   http://www.thehindu.com/business/companies/article2557908.ece
•   http://articles.economictimes.indiatimes.com/2011-11-04/news/30359568_1_manesar-plant-maruti-s-manesar-
    maruti-suzuki-labour-unrest
•   http://economictimes.indiatimes.com/news/news-by-industry/auto/automobiles/anand-sharma-steps-in-to-resolve-
    maruti-suzuki-crisis/articleshow/10361337.cms
•   http://www.hindustantimes.com/News-Feed/Auto/Talks-continue-Maruti-Manesar-strike-enters-14th-day/Article1-
    759354.aspx
•   http://articles.economictimes.indiatimes.com/2011-11-09/news/30378025_1_13-day-strike-manesar-diesel
•   http://timesofindia.indiatimes.com/business/india-business/Talks-fail-to-end-impasse-Maruti-strike-
    continues/articleshow/10394324.cms
•   http://www.deccanherald.com/content/198148/talks-start-monday-resolve-maruti.html
•   http://www.business-standard.com/india/news/lessonsmaruti/454670/
•   http://articles.economictimes.indiatimes.com/2011-10-17/news/30290122_1_manesar-plant-maruti-suzuki-s-manesar-
    maruti-s-manesar
•   http://business.in.com/article/special/haryana-the-state-of-discontent/26432/1#ixzz1eK6ewsMl
•   http://www.firstpost.com/politics/maruti-strike-the-real-battle-in-manesar-is-about-relevance-of-trade-unions-
    106462.html
•   http://delhigreens.com/2010/08/25/maruti-suzuki-sets-the-pace-for-future-green-cars/
•   http://business.gov.in/legal_aspects/trade_unions.php
•   http://www.icmrindia.org/courseware/Intro%20to%20Hrm/Industrial%20Relations%20Participation%20Chap17.htm
•   http://www.lawisgreek.com
•   http://www.legalserviceindia.com/articles/dispute.htm
•   http://www.legalserviceindia.com/article/l455-Strikes-and-Lockouts.html
THANK YOU

				
DOCUMENT INFO
Shared By:
Categories:
Tags: Legal
Stats:
views:176
posted:5/8/2012
language:English
pages:128