Section 97 in The Maharashtra Industrial Relations Act, 1946
97. Illegal strikes
(1)A strike shall be illegal if it is commenced or continued----(a)in cases where it relates to an industrial matter specified in Schedule III or regulated by any standing order for the time being in force;(b)without giving notice in accordance with the provisions of section 42;(c)only for the reason that the employer has not carried out the provisions of any standing order or has made an illegal change;(d)in cases where notice of the change is given in accordance with the provisions of section 42 and where no agreement in regard to such change is arrived at before the statement of the case referred to in section 54 is received by the Conciliator for the industry concerned for the local area;(e)in cases where conciliation proceeding in regard to the industrial dispute to which the strike relates have commenced, before the completion of such proceeding and during the period of ten days thereafter;(f)in cases where special intimation has been sent under sub-section (2) of section 52 to the Conciliator, before the receipt of the intimation by the person to whom it is to be given;(g)in cases where a submission relating to such dispute or such type of disputes is registered under section 66, before such submission is lawfully revoked;(h)in cases where an industrial dispute has been referred to the arbitration of a labour Court or the Industrial Court under sub-section (6) of section 58 or under section 71, or of the Industrial Court under section 72 73 or 73A before the date on which the arbitration proceeding are completed, or the date on which the award of the Labour or Industrial Court, as the case may be, comes into operation, whichever is later;(a)provided that, nothing in this clause shall apply to any strike, where the Union has offered in writing to submit the industrial dispute to arbitration under sub-section (6) of section 58, andthe employer does not accept the offer, or(b)the employer accepts the offer but disagreeing on the choice of the arbitrator does not agree to submit the dispute to arbitration without naming an arbitrator, and thereafter, the dispute has been referred to arbitration of the Industrial Court under section 73 A;(i)in contravention of the terms of a registered agreement, or a settlement or effective award;(j)where an industrial matter or industrial dispute is referred to a Wage Board for decision, before the date on which the decision comes into operation;(k)in contravention of the terms of an effective decision of a Wage Board.(2)In cases where a conciliation proceeding in regard to any industrial dispute has been completed, a strike relating to such dispute shall be illegal if it is commenced at any time after the expiry of two months after the completion of such proceeding.(3)Notwithstanding anything contained in sub-sections (1) and (2), if fourteen clear days notice of a strike not falling under clauses (a), (g), (h) or (i) of subsection (1) was given to the employer and the Labour Officer, and the strike was not commenced either before the expiry of the period of notice or after six weeks from the date of its expiry, the employees who resume work within forty-eight hours of a Labour Court or the Industrial Court declaring such strike to be illegal shall incur no penalty under this Act in respect of such a strike:Provided that nothing in sub-section (3) shall apply to any strike which has within the period of notice been declared under section 99 to be illegal.
