BATA SHOE WORKERS UNION Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOR COURT-I, FARIDABAD HARYANA AND ANOTHER

JUDGEMENT

(1.) On a reference from the Government for an adjudication, the Industrial Tribunal took up for consideration whether the strike resorted to by workers on 24th February, 1999 was justified, whether the continuation of lockout from 25th February, 1999 by the management was justified and to what reliefs the respective parties were entitled to.

(2.) The stand-off-between the workers and the management of M/s Bata India Limited arose on account of varying perceptions of what the workmen and the management respectively made out of the non-observance of the terms of settlement that had been brought about through a memorandum dated 30th April, 1998. The workmen found (i) that the management had unjustifiably effected some deductions from their salaries; (ii) it had closed several departments and were transferring workmen from one department to another without any rhyme and reason and, (iii) it undermined their productivity and the entitlement of workers to higher wages by deliberately outsourcing some jobs from out of the factory. The workers, through a letter dated 8th January, 1999, warned the management of direct action by resort to strike.

(3.) The management sought to quell the threat by responding to them that the strike was unjustified and exhorting them to realize their sense of responsibility and refrain from creating tensions in bilateral relations. The workers, however, went on strike on 24th February, 1999 as previously informed through notice. The management slapped a lockout immediately on 25th February, 1999 and closed down the factory. The entry of workers/ employees to the premises of the factory had been stopped. This according to management was in response to the illegal strike on 24th February, 1999 started by the workers from 7.30 A.M. without any reason whatever. The workers were informed that they were not entitled to any payment of wages for the period of strike and warned them of imminent disciplinary action. Tripartite meeting was held under the aegis of the Labor Commissioner, Haryana on 21st April, 1999 where the representatives of the management and workmen had participated. The workers were reported to have indicated that for the lifting of lockout and payment of wages during the lockout period were pre-requisite for starting a dialogue on productivity and discipline. The management found this pre-condition to be unreasonable. The workers were reported to be in a state of turmoil at the lockout and the denial of wages that it entailed. There had been notices by the management on 17th May, 1999, 20th May, 1999 and 24th May, 1999 referring to the state of tension that was prevailing in or around the factory and the quarters of the managerial staff. Parleys for peaceful resolution of disputes went side by side where demands like changing the hours, observance of punctuality and discipline were discussed.