Illegal strikes – old wine in new bottle

While the central government pushes for major labour sector reforms, the problem of illegal strikes continues in India. Workers of Toyota Kirloskar have been on strike since November 10, 2020 and continue to do so despite the government of Karnataka declaring the same as illegal. In 2001, the government of Karnataka granted Public Utility Service (PUS) status to the automobile industry by amending Schedule 1 of the Industrial Dispute Act, 1947 (“Act”), in 2001. As per the Act, workers in PUS units cannot go on strike. Further, as per the Act employees of PUS cannot go on a strike without giving to employer notice of strike within six (6) weeks before striking or within fourteen (14) days of giving such notice.

Our Associate Partner Rohitaashv Sinha, commenting on the situation said “The new labour codes raise the period of notice to sixty (60) days. However, a new paradigm shift is needed to control workers from effecting production, perhaps implementation of the laws strictly”

This update is by Rohitaashv Sinha, Advocate & Associate Partner at Agarwal Jetley & Co., Advocates & Solicitors. Contact: Email: rohitaashv.sinha@agarwaljetley.com or Mob: (+91) - 9999565393