Dismissal Of Workmen And Illegal Strike
If workers participate in an illegal strike, the employer is within his right. The dismissal of workmen and illegal strike. To dismiss the striking workmen on the ground of misconduct. For this, a proper and regular domestic enquiry holding is necessary. In the case of the Indian General Navigation. It’s Workmen, the Supreme Court laid down the general rule that mere taking part in an illegal strike without anything. Further, it would not necessarily justify the dismissal of all workmen taking part in the strike.
And that it was necessary to hold a regular inquiry after furnishing charge-sheet to each of the workmen ought to be dealing with for his participation in the strike. It was further observed, that because workmen go on strike. It does not justify the management in terminating their services.
In any case, if allegations of misconduct are making against them. Also, those allegations are enquiring into by charging them with specific acts of misconduct and giving them an opportunity for defending themselves at the enquiry.
The Supreme Court held that where the workmen who had participated in an illegal strike, did not join their duties. Therefore, which resulted in their dismissal under the Standing Orders, participation in strike means that they have abandoned their employment. However, the employer can take disciplinary action against the employees under the Standing Orders and dismiss them.
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