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CS Professional · Labour Laws and Practice · Law of Industrial Relations

Sunrise Textiles Ltd, Surat, has a recognised union whose members resolve to stop work to press a wage demand. The union secretary hands the employer a strike notice on 1 March for a strike starting 5 March. No conciliation, tribunal, arbitration, settlement or award is in operation. The workers stop work on 5 March. Under the Industrial Relations Code, 2020, what is the status of the strike?

The strike is illegal. Under the Industrial Relations Code, 2020, workers cannot strike within fourteen days of giving notice. Notice on 1 March and a strike on 5 March leaves only four days, so the strike contravenes the prohibition despite the notice falling within sixty days.

  1. AIllegal, because a strike cannot begin within fourteen days of giving noticeCorrect
  2. BLegal, because the notice was given within sixty days before striking
  3. CLegal, because no proceeding is pending
  4. DIllegal, because the notice was given less than sixty days before striking

Explanation

The Code bars a strike within fourteen days of giving notice. Notice on 1 March and a strike on 5 March is only four days later, so the strike is commenced in contravention of the Code and is illegal. The sixty-day limit is only the outer window within which the strike must follow the notice, so the other options misread it.

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