Section 97 in The Gujarat Industrial Relations Act, 1946
97. Illegal strike.
(1)A strike shall be illegal if it is commenced or continue-(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 areas;(e)in cases where conciliation proceeding in regard to the industrial dispute to which the strike relates have commenced, before the completion of such proceedings [and during the period of ten days thereafter] [This portion was added by Bombay 63 of 1953, section 23(1).];(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 registered under section 66, before such submission is lawfully revoked;(h)in cases where an industrial dispute has been referred to the arbitration ofa 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] [These figures, word and letter were substituted for the word and figures 'or 73', by Bombay 63 of 1953, s.23(2).] before the date on which the arbitration proceedings arc completed, or the date on which the awards of the Labour or Industrial Court, as the case may be, comes into operation, whichever is later;(i)in contravention of the terms of a registered agreement or a settlement or [effective awards] [These words were substituted for the word 'award' by Bombay 43 of 1948, section 20.];(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; [Clauses (j) and (k) were inserted, by Bombay 43 of 1948, section 20.](k)in contravention of the terms of an effective decision of a Wage Board.](1A)[ Notwithstanding anything contained in sub-section (1) a strike which is commenced or continued only for the reason that the employer has not paid the basic pay or dearness allowance due to the employees within the period fixed under any law for the time being in force or under a registered agreement or settlement or an effective award or an effective decision of a Wage Board shall not be deemed to be illegal:Provided that such strike shall be deemed to be illegal if-(i)it is commenced without seven clear days' notice being given to the employer by the representative of employees, or(ii)it is commenced or continued after the employer has paid basic pay or dearness allowance due to the employees.](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 proceedings.(3)Notwithstanding anything contained in sub-sections (1) and (2), if fourteen clear days' notice of a strike not falling under clause (a), (g), (h) or (i) of sub-section (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 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.
