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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Industrial Relations Code, 2020

Workers of Himalaya Pharma Ltd began a lawful strike over an industrial dispute on 1 March. On 10 March, the dispute was referred to a Tribunal. The strike at its commencement complied with the Code and was not prohibited by any order under sub-section (7) of section 42. Under the Industrial Relations Code, 2020, what is the status of the strike's continuance after the reference?

The strike's continuance is not deemed illegal. When a strike already exists at the time a dispute is filed with or referred to a Tribunal, it stays lawful provided it was not in contravention at commencement and no prohibitory order under section 42(7) was made.

  1. AIt becomes illegal automatically from the date of reference
  2. BIt is not deemed illegal merely because the application or reference was made laterCorrect
  3. CIt is legal only if the Tribunal confirms it within sixty days
  4. DIt is legal only if the employer consents to continue

Explanation

Where a strike is already in existence when the dispute is filed or referred, its continuance is not deemed illegal, provided it was not illegal at commencement and no section 42(7) prohibition applies. Both conditions are met here, so the first option is wrong.

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