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Section 25 – The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

 

25. REFERENCE OF LABOUR COURT FOR DECLARATION WHETHER STRIKE OR LOCK-OUT IS ILLEGAL. –

 

(1) Where the employees in any undertaking have proposed to go on strike or have commenced a strike, the State Government or the employer of the undertaking may make a reference to the Labour Court for a declaration that such strike is illegal.

 

(2) Where the employer of any undertaking has proposed a lock-out or has commenced a lock-out, the State Government or the recognised union or, where there is or recognised union, any other union of the employees in the undertaking may make a reference to the Labour Court for a declaration whether such lock-out will be illegal.

 

Explanation : For the purposes of this section, recognised union includes a representative union under the Bombay Act.

 

(3) No declaration shall be made under this section, save in the open Court.

 

(4) The declaration made under this section, shall be recognised as binding, and shall be followed in all proceedings under this Act.

 

(5) Where any strike or lock-out declared to be illegal under this section is withdrawn within forty-eight hours of such declaration, such strike or lock-out shall not, for the purposes of this Act, be deemed to be illegal under this Act.

 

 

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The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

 

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