NOTHING TO BE WRITTEN IN THIS MARGIN
W(B)L 51-7406
CONFIDENTIAL
Z
in which the provisions
J
Sechin 3
had
mugur have & lib
tushed to deal with a stake
mulīgden for other then an induritrad
рабрак parkurlar
severia
Ir may
a
exerted
be significant
in this commencing that ^
I would dos draw your attention the
fact that
рикмал
would seem at once to invalidate the Ordinance
as a piece of permanent legislation.
This
view seems to be shared by some local employers sines during my Labour Adviser's visit in
Some February 1969 it was indicated by members of the
expressed
- matter for
Employers Federation that it
regret that what was being proposed did not
provide any form of machinery for resolving
disputes. In forming Thi weis I have in mind. The likely cevantances 5. It is perhaps conceivable that a strike for other than an industrial purpose might be instigated in a single essential service (although widespread strikes for political purposes in the pattern of 1967 would seem more likely), and that in such case the provisions of Section 3 might be invoked. But I suggest
instance that in such a case the instigators will have made good use of some genuine industrial issue or grievance to cloak their political purpose and that to ban the strike, without effective arrangements for dealing with the underlying grievances, would contribute little to industrial peace and could greatly reduce public support for the government's action.
In
were
When
In India where parallel provisions are in force (the Essential Services Maintenance Act, 1968) there already exist in the essential services joint consultative machinery, (in some cases
compulsory arbitration, and a firm ly established tradition of trade union representat tion and collective bargaining notwith- standing this, an assurance was given by the Government of India when this Act was debated
that modified and improved negotiating and
arbitration machinery would be introduced by
legislation,
not with granding That
6.
In addition, I am advised that the amending legislation as drafted has certain imperfections
thines which call for examination.
(a) Section 3(5). The insertion of the
words "take part in" in line 2 of
this sub-section would seem to have
little or no practical effect in
relation to a strike in view of the
proviso to this sub-section.
/ (b)
...