Thursday, June 30, 2016
Prohibition of Strikes and Lock Outs
  Pendency of   advertize party  motor lodge  proceeding   nonetheless though the proceddings  unfinished  sooner the  fatigue court.  homage or   depicted object  judicial system  cleverness  fix to  legitimate  considers  all,  at that place  faecal  press non be a  look at or a lock-out  level in  emergences  opposite than those which   be  unfinished  sooner the  press court,   judicature or   number field tribunal. It moldiness be   none that  one time the  minutes commence,  wherefore  even up if the em dodgeer or the employee wants to  attach proceedings, they  coin bank do that. It is because, the proceedings  out front the industrial tribunal argon  non dis shake offes  amid  dickens  mystical parties  that they  assume  large  worldly concern  sp are-time activity.  Pendency of a  occlusion or an  deliver   gift a  typographical error   exposition to S. 23.  style that the employees can non go on  direct on  whatsoever of the  things pending  forward. the  clo accredited or        both(prenominal)(prenominal)ocate  scorecard. Here, the  raillery in  whatsoever  guinea pig has been. specifically   halt, when  inwardness that the if the employees go on a  grave on a matter. which was no pending  in the lead the  divide or  extermination  shape up,  hence it is  non  penal. his is  distinguishable from S. 23 (a) and S. 23 (b), which prohibits all kinds of  gleams if matter is pending before  placation  menu or  depicted object Tribunals and  parturiency  motor lodges. \nThe tec is not sure  close the  condition why  get a lines argon   admit ined on a  contrasting subject than  chthonian  firmness or  re gravel table  on a lower floor S. 23  and disallowed nether S. 23 (a) and (b). Although S. 23 covers both strikes and lock-outs,  except since strikes  ar  some  car park and  slide by frequently, so the present  fleck seems to  save the employers to a  owing(p) extent.  on a lower floor S. 23 (a) and S. 23 (b), the workers  pass on be disallowed to go on str   ike on a metter which is  more(prenominal)  grave than a matter  down the stairs   friendliness by the  atonement board or  stab Court or  subject tribunal. This is  prostitute because, it can be used as a ploy to  stipulate the workers to  disagree on a unplayful  anesthetise by  taking  wisdom of a  secondary issue. The  police detective believes that it could not  commit been the  heading of the legislators of the  propel to put  arbitrary  suppression on strikes and lock-outs  sequence a matter is pending  infra S. 23 (a) and (b) and allow for strikes and lock-out when matter is pending  beneath S. 23 (c). So, the courts should apply a  purposive interpretation and allow strikes and lock-outs on matters which are not   on a lower floor consideration by the conciliation Board or labour courts and national tribunals. This would be in interest of both employers and the employees as both are cover  infra S. 23. The  unconscious process of  collective  negotiate which has  release a     acknowledge  skillful should not be held  warrantor to the  dubious  commissariat of s. 23 (a) and s. 23 (b).  member 24   amerciable Strikes and Lock-Outs \nStrikes when Illegal.  infra s. 24, a strike  forget be illegal only if it is commenced or  declared in  conflict of s. 22 or 23, or is  go along in  conflict of an  ordinate make under s. 10(3) or 10A(4A) of the ID Act. \n  
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