Strike by Jet pilots illegal?

Mumbai: Is the mass sick leave put in by the Jet Airways pilots tantamount to an illegal strike? The question is before the Bombay high court after Jet Airways moved two petitions before it this week.
On Monday, when the contempt petition is scheduled to come up before the high court, one of the key arguments may veer around to whether the pilots are actually on an illegal strike Several legal experts say that there are Supreme Court judgments that do recognise mass leave as being a concerted action of absenteeisn, which amounts to a strike.
Labour law experts also concede that the pilots actions could be called a strike. But then there are different forms of strikes and whether this amounts to a strike that is prohibited is the question.
Under the Industrial Disputes Act (IDA), which applies to the pilots who, despite their hefty pay packets are classified as workmen , any strike without giving notice while conciliation proceedings are on is illegal and hence prohibited. Also, if a notice of a strike is given by the union, but the strike is initiated within 14 days of such a notice, then too it is an illegal strike. A union also cannot legally go on strike within seven days of the conclusion of conciliation proceedings .
11/09/09 Swati Deshpande/Times of India

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Categories: Jet Airways Sep 2009