Maintain a huge number of wharves

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Reference no: EM131800286

CASE - I

Indian General Navigation and Railway Co. Ltd. carries on a business of inland water transport and maintain a huge number of wharves, jetties, go downs, etc., at different river stations in India. One such set is at Dhobi in Assam, where many workmen are employed. These men load and unload the Company's vessels and help to transship goods from railway wagons to vessels and vice versa. The company was a public utility concern and the persons employed therein were "workmen" under the Industrial Disputes Act, 1947. There were two unions of workmen in the establishment.

On 31.10.1986 both the unions gave a notice demanding 20 percent bonus and two months average total wages as ex gratia for the accounting year 1984-85. The Company rejected the demand. Thereupon workmen resorted to various acts of indiscipline, go-slow and persistent refusal to work overtime. As a result of which the Company dismissed eight employees, after framing charges against them and after giving each an opportunity to be heard.

On 15.11.986 both unions served strike notices on the company. The Conciliation Officer interfered but no settlement was arrived at between the company and the Unions. He accordingly sent a failure report to the appropriate government. In the meantime during the tendency of conciliation before the Conciliation Officer a large number of workmen went on strike on 26.11.1986. They forcibly entered the Company's jetties and other working places, and obstructed the work of loyal workmen. On 27.11.1986, the District Magistrate issued an order under the Code of Criminal Procedure to maintain law and order. The Company declared a lockout in the same day. On 10.12.1986 the Unions called off the strike. The Company lifted the lockout on 15.12.1986. The Company dismissed those workmen whom it claimed to have obstructed the loyal workmen during the strike. On 21.12.1986, 37 workmen were convicted for violation of the order of the District Magistrate. On 22.12.1986 the Company dismissed them.

Questions:

a) Can the company legally dismiss workmen for adopting go-slow tactics? Of so, briefly state the procedure.

b) Is the strike declared by the workmen on 26.11.1986 legal?

c) Are the workmen entitled to wages for the period of strike and lock-our.

d) Is the order of dismissal make by the Company on 22.12.1986, a day after the conviction by the District Magistrate, legal.

e) What is the remedy open to workmen aggrieved by the order of dismissal by the Company under the Industrial Disputes Act, 1947?

Reference no: EM131800286

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