Section 80 in West Bengal Municipal (Employees' Service) Rules, 2010
80. Procedure to be followed before going to strike
. (1) No employee shall go on strike without completing the process of conciliation or negotiation in the manner laid down in this rule; and giving notice of 14 days to the Board of Councillors and the strike shall not commence before expiry of the period of notice.(2)The Unions/Associations/Federative Bodies, after exhaustion of negotiation with tile appropriate departmental level, shall place their points of grievance, in writing, to the Chairman, on receipt of which the Chairman shall can the aggrieved party and may also call the concerned member of the Chairman-In-Council, if there be any, and /or the concerned officers of the Municipality for negotiation and settlement of grievances. The Chairman shall not take more than 80 days, except with the mutual agreement of the Chairman and the aggrieved party, to complete the negotiation. It shall be the responsibility of the Chairman to make his recommendation to the appropriate authority and if the reason of such grievance is related to a subject within the ambit of his statutory powers, settle the grievance within 30 days from the date of completion of negotiation.(3)if the negotiation fails and no settlement of the grievances is reached within the period specified in sub-rule (2), the Union/Association/Federative Body may serve a strike notice to the Chairman under intimation to the State Government.(4)On receipt of the strike notice the Chairman may take further initiative to resolve the dispute and make all efforts to that effect by arranging discussion with the aggrieved party. In case of failure of such discussion the aggrieved party shall have the right to give effect to the strike notice.(5)When a strike, which commences after complying with the procedure laid down in these regulation, continues more than a reasonable period, the Chairman may refer the disputes/ grievances to the State Government, and the State Government shall hear all the parties to the dispute and give its orders within a period of one month.(6)After the grievances/disputes leading to the commencement of strike are referred by the Chairman to the State Government, the State Government may, by an order, prohibit continuance of the strike.
