TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 32

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)

...