TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 28

COMEDENTIAL

16. It is accordingly the department's view that for the present the provisions of Section 3 should be retained (even though they may never be used) if the Governor on further reflection affirms that

they have a real deterrent value. But if they are to be retained

the need to establish joint consultative and negotiating machinery

in essential services to settle disputes and redress grievances (which is most desirable in any case on general grounds) becomes

even more important. In the circumstances in which the legislation might conceivably be used, i.e., to counter a strictly limited communist initiative in a single essential service, we can be fairly sure that the communists will make good use of some genuine

industrial issue or grievance to cloak their purpose. To use the

legislation to make this kind of strike illegal without providing effective arrangements for dealing with the genuine underlying

grievance would contribute little to industrial peace and could greatly reduce public support for the Government's action. India where similar legislation is in force (Essential Services Maintenance Act, 1968), there already exists in the essential

services joint consultative machinery, in some cases compulsory arbitration, and a firmly established tradition of trade union representation and collective bargaining;' notwithstanding this, an assurance was given by the Government of India that modified and improved negotiating and arbitration machinery would be introduced by legislation.

Conclusions

17. My conclusions are :

(i)

(ii)

In

Section 3 provisions for prohibiting illegal strikes

should be retained for their deterrent value in present circumstances, even though it is questionable whether

they could ever be used in practice. Defects in the proposed Hong Kong amendments to this section will, however, need to be remedied (paragraph 11 above).

The legislation should incorporate certain essential features of the model legislation (paragraph 10 above).

/ (iii).