ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION

Office of the Managing Director,

Mushirabad, Hyderabad - 20.

No. IR1/781(1)/97-PO(IV)

CIRCULAR NO.PD-10/1997 - DATE 12/14.03.1997

 

Sub:-    STRIKES -Strike Notice served by APSRTC National Mazdoor Union - Procedure under Industrial Disputes Act and Rules - Instructions - Issued.

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        The General Secretary, APSRTC National Mazdoor Union has served a Strike Notice dated 06.03.1997 on a charter of 22 demands proposing to call on strike of employees of APSRTC for two or more days on or after 21.03.1997.

 

Section 33 of I.D. Act, 1947 stipulated that ----

 

    1)    During the pendency of any conciliation proceedings before a conciliation Officer or a Board or any proceedings before an Arbitrator or a Labour Court of Tribunal or National Tribunal in respect of an Industrial Dispute no employer shall---

 

    a)    In regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or

 

    b)    for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workman concerned in such dispute.

 

        Save with the express permission in writing of the authority before which the proceeding is pending.

 

    2)    During the pendency of any such proceeding  in respect of any industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute or where there are no such standing orders, in accordance with the terms of the contract whether express or implied, between him and the workman.

 

    a)    after, the regard to any matter not connected with the dispute, the conditions of services applicable to that workman immediately before the commencement of such proceeding or

 

    b)    for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or other wise, that workman;

 

        Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which  the proceeding is pending for approval of the action taken by the Employer.

 

        Only three issues ie., item  Nos.10, 21 and 22 of Strike Notice will attract the provisions of Section 33 of I.D. Act. 1947.  Therefore, the Unit Officers are requested to follow the provisions of I.D. Act in respect of the above three Issues.  The Unit Officer shall send their related files to the Personnel Officer of Region / Dy. Chief Personnel Manager of Zone concerned for filling necessary applications before the Conciliation Officer at Hyderabad.  The Personnel Officer of Region/Dy. Chief Personnel Manager of zone in turn would file the application before the Conciliation Officer, Hyderabad after consulting the Chief Law Officer, Hyderabad and the local Standing Counsel wherever it is considered necessary.

 

Sd/- I. PRABHAKAR REDDY.

CHIEF PERSONNEL MANAGER

To

All Executive Directors /Zones   }   for information and

All Regional Managers               }    necessary  action.

 

All EDs /HODs/All Officers of the Corporation other than the above.

                                                                           

/ / ATTESTED / /

PERSONNEL OFFICER (IV)