CIRCULAR No.89/2014 To All Members of the Association & Off : 26607167 / 42103360 / 26761877 Email : kea@kea.co.in Web : www.kea.co.in KARNATAKA EMPLOYERS' ASSOCIATION NO.74, SHANKARA ARCADE, VANIVILAS ROAD, BASAVANAGUDI BENGALURU - 560 004 Reg. No. TU 507 / 20-3-1962 Date : 18-12-2014 Sub : Government of Tamil Nadu declares Automotive Components Manufacturing Industries as Public Utility Services for a period of six Months 1. Section 2(n) of the Industrial Disputes Act, 1947 (Central Act XIV of 1947) defines Public Utility Services. In addition to the Industries stipulated therein, the clause 2(n)(v) further stipulates that Public Utility Services means, any industry specified in the First Schedule which the appropriate Government may, if satisfied, that public emergency or public interest so requires by a Notification in the Official Gazette declare to be a Public Utility Services for the purpose of the Act and for such period as may be specified in the Notification. 2. Automotive Components Manufactures Association of India, Chennai, had taken up the matter with the Government of Tamil Nadu to include the Automotive Components Manufacturer Industries as Public Utility Services to the First Schedule to the I.D. Act and to declare it as a Public Utility Services. 3. By a Notification dated 3.12.2014, the Government of Tamil Nadu has included Auto Manufacturing Industry to the First Schedule to the I.D. Act. 4. By a separate Notification dated 3.12.2014, the Government of Tamil Nadu had declared the Auto Components Manufacturing Industry to be a public utility service for a period of six month from the date of Publication of the Notification in Tamil Nadu Government Gazette. 5. The Two Notifications referred to above are enclosed for the information of the Members. 6. Section 22 of the I.D. Act stipulates that no person employed in the public utility service shall go on strike in breach of contract; a) without giving employer s notice of strike in accordance with the provisions of the Act and within six weeks before resorting to strike or b) within 14 days of giving such notice or c) before the expiry of the date of strike specified in any such notice or d) during the pendency of conciliation proceedings before the conciliation officer and 7 days after the conclusion of such proceedings.
7. The above Notifications would ensure that the workmen employed in Auto Components Manufacturing Industries in Tamil Nadu cannot go on strike without complying with the provisions of Section 22 of the I.D. Act. 8. The Government of Karnataka has included Automobile and Auto Components Manufacturing Industries set up in Auto Parts in First Schedule to the I.D. Act. The Government of Karnataka had also declared by a Notification Toyota Kirloskar Motors Limited as Public Utility Service for a period of six months. However, after the expiry of six months, no fresh Notification has been issued. 9. Government of Karnataka has not issued any such declaratory Notification in respect of Auto Components Manufacturing Industries. The Karnataka has a good number of Auto Components Manufacturing Industries. The Industry has been expanding and at the same time union activism is also increasing. The Industry is facing threats of stoppage of work on frivolous grounds. The Government of Karnataka should also consider issuing of the Notification declaring the above said Industries as Public Utility Services in order to augment the growth of Industry, employment generation and retaining the existing Industries. for KARNATAKA EMPLOYERS' ASSOCIATION sd/- (B.C. PRABHAKAR) PRESIDENT