- What is a Strike?
As per Section 2(q) of the Industrial Disputes Act, 1947, Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;
- What is a Lock out?
As per Section 2(l) of the Industrial Disputes Act, 1947, Lock Out means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;
- Prohibition of Strikes and Lock-outs –
As per Section 22 of the Industrial Disputes Act, 1947;
(1) No person employed in a public utility service shall go on strike, in breach of contract
(a) Without giving to the employer notice of strike, 6 weeks before striking; 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 any conciliation proceedings before a conciliation officer and 7 days after the conclusion of such proceedings.
(2) No employer carrying on any public utility service shall lock-out any of his workmen;
(a) Without giving them notice within 6 weeks before locking-out; or
(b) Within 14 days of giving such notice; or
(c) Before the expiry of the date of lock-out specified in any such notice; or
(d) During the pendency of any conciliation proceedings before a conciliation officer and 7days after the conclusion of such proceedings.
(3) The notice of lock-out or strike shall not be necessary in cases where a strike or lockout already exists in the public utility service, however, the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the Appropriate Government.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.
(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or (2), he shall within 5 days, thereof report to the appropriate Government or to such authority as that Government may prescribe the number of such notices received or given on that day.
- General Prohibition of Strikes and Lock-outs –
As per Section 23 of the Industrial Disputes Act, 1947;
No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out –
(a) During the pendency of conciliation proceedings before a Board and 7 days after the conclusion of such proceedings;
(b) During the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and 2 months, after the conclusion of such proceedings;
(bb) During the pendency of arbitration proceedings before an arbitrator and 2 months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or
(c) During any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.
- When are strikes and lock-outs illegal?
As per Section 24 of the Industrial Disputes Act, 1947;
(1) Strikes and Lock outs are illegal under the following circumstances;
(i) It is commenced or declared in contravention of section 22 or section 23 (Prohibitions and General Prohibition of Strike and Lock outs); or
(ii) It is continued in contravention of an order made by the Appropriate Government U/s 10(3) or 10A (4A) of the Act.
(2) Where a strike or lock-out in pursuance of an industrial dispute has already begun and is in existence at the time when the dispute has been referred to a Board, an Arbitrator, a Labour Court, Tribunal or National Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited by the Appropriate Government U/s 10(3) or 10 (4A) of the Industrial Disputes Act, 1947.
(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed illegal.
- Prohibition of financial aid to illegal strikes and lock-outs –
No person shall knowingly expend or apply any money in direct support of any illegal strike or lock-out.
- What are the Penalties for illegal strikes and lock-outs?
(1) Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs 50, or with both.
(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs 1000, or with both.