STRIKE & LOCK OUT

• Strikes and lock-outs are the two weapons in the hands

of workers and employers respectively, which they can
use to press their viewpoints in the process of
collective bargaining.
• The Industrial Disputes Act, 1947 does not grant an
unrestricted right of strike or lock-out. Under Section
10(3) and Section 10A(4A), the Government is
empowered to issue order for prohibiting continuance
of strike or lock-out.
• Sections 22 and 23 make further provisions restricting
the commencement of strikes and lock-outs.
 Section 2 (I)
• “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.
General Labour Unlon (Red Flag) vs B.
V. Chavan And Ors
• Supreme Court of India expressed
"Imposing and continuing a lockout deemed
to be illegal under the Act is an unfair labour
practice."
 Management Of Kairbetta vs
Rajamanickam And Others
• Supreme Court of India observed as follows;
"Just as a strike is a weapon available to the employees for
enforcing their industrial demands, a lockout is a weapon available
to the employer to persuade by a coercive process the employees
to see his point of view and to accept his demands. In the struggle
between capital and labour, the weapon of strike Is available to
labour and is often used by it, so is the weapon of lockout available
to the employer and can be used by him. The use of both the
weapons by the respective parties Must, however, be subject to the
relevant provisions of the I D Act. It deals with strikes and lockouts
clearly brings out the antithesis between the two weapons and the
limitations subject to which both of them must be exercised."
 Chemicals & Fibres Of India Ltd vs D.
G. Bhoir & Ors
• We; are therefore of opinion that the proper
point of view from which to look at the
problem is to give limited application to the
fact of the introduction of section 2A in
the Industrial Disputes Act and to hold that
the pendency of a dispute between an
individual workman as such and the employer
does not attract the provisions of section 23.
• Our attention is drawn to the contrast between clause (c)
and (d) of section 23 and it is argued that while under
clause (c) there is a limitation in respect of matters in
relation to which there cannot be a strike, there is no such
limitation under clause (b) and therefore clause (b)
provides a blanket ban on strikes if proceedings are
pending. It is not possible to give such an extended
meaning to that provision. As we have pointed out, even in
respect of clause (b) some limitation should be read
confining it to the parties to the proceedings either actually
or constructively, as in the case of a union espousing the
cause of an individual workman. Nobody, for instance, can
argue that because proceedings are pending in relation to
one industrial establishment owned by an employer, there
can be no strike in another industrial establishment owned
by that employer because there are no words of limitation
in clause.
 STRIKE SECTION 2 (Q)
• Strike is one of the oldest and the most effective weapons
of labour in its struggle with capital for securing economic
justice. The basic strength of a strike lies in the labours
privilege to quit work and thus brings a forced
readjustment of conditions of employment.
• It owes its origin to old English words Striken to go. In
common parlance it means hit, impress, occur to, to quit
work on a trade dispute. The latter meaning is traceable to
1768. Later on it varied to strike of work. The composite
idea of quitting work or withdrawal of work as a coercive
act could be gathered in the use of word as a verb as well
as adjective. The definition and use of the word strike has
been undergoing constant transformation around the basic
concept of stoppage of work or putting of work by
employees in their economic struggle with capital.
• Section 2 (q) “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;
 Essential requirements for the
existence of a strike:
• (1) There must be cessation of work.
(2) The cessation of work must be by a body of persons
employed in any industry;
(3) The strikers must have been acting in combination;
(4) The strikers must be working in any establishment
which can be called industry within the meaning of Section
2(j); or
(5) There must be a concerted refusal; or
(6) 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;
(7) They must stop work for some demands relating to
employment, non-employment or the terms of
employment or the conditions of labour of the workmen.
(i) Prohibition of strikes and lock-outs
in public utility service
• Section 22 (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, as hereinafter
provided, within six weeks before striking, i.e., from the date of the
notice to the date of strike a period of six weeks should not have
elapsed; or
• (b) within 14 days of giving of such notice, i.e., a period of 14 days
must have elapsed from the date of notice to the date of strike; or
• (c) before the expiry of the date of strike specified in any such
notice as aforesaid, i.e., the date specified in the notice must have
expired on the day of striking; or
• (d) during the pendency of any conciliation proceedings before a
conciliation officer and seven days after the conciliation of such
proceedings.
Dharam Singh Rajput v. Bank of India,
Bombay
• Right to Strike is to be exercised after
complying with certain conditions regarding
service of notice and also after exhausting
intermediate and salutary remedy of
conciliation proceedings.
 State of Bihar v. Deodar Jha
• Section 22 provides for following additional
safeguards for the smooth and uninterrupted
running of public utility services and to
obviate the possibility of inconvenience to the
general public and society.
• Section 22 (2) No employer carrying on any public
utility service shall lock-out any of his workmen:
• (a) without giving them notice of lock-out as
hereinafter provided within six 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 as aforesaid; or
• (d) during the pendency of any conciliation
proceedings before a Conciliation Officer and 7 days
after the conciliation of such proceedings.
• (3) The notice of lock-out or strike under this
Section shall not be necessary where there is
already in existence a strike or, as the case
may be, lock-out in the public utility service,
but 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
either generally or for a particular area or for a
particular class of public utility services.
• (4) The notice of strike referred to in Section 22(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 Section 22(2) shall
be given in such manner as may be prescribed.
• (6) If on any day an employer receives from any persons
employed by him any such notices as are referred to in sub-
section (1) or gives to any persons employed by him any
such notices as are referred to in sub-section (2), he shall
within five 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. (Section 22)
 (II)General prohibition of strikes and
lock-outs (section 23)
• 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 seven days after the conclusion of such proceedings;
• (b) during the pendency of proceedings before [a Labour Court,
Tribunal or National Tribunal] and two months after the conclusion
of such proceedings. (ommitted)
• [(bb) during the pendency of arbitration proceedings before an
arbitrator and two months after the conclusion of such
proceedings, where a notification has been issued under subsection
(3-A) of Section 10-A; 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.
 (iii) Illegal strikes and lock-outs
(Section 24)
• (1) A strike or lock-out shall be illegal if:
• (i) it is commenced or declared in
contravention of Section 22 or Section 23; or
• (ii) It is continued in contravention of an order
made under Section 10(3) or Section 10A(4A).
• (2) Where a strike or lock-out in pursuance of an
industrial dispute has already commenced and is
in existence at the time of reference of the
dispute 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 under Section 10(3) or Section
10A(4A).
• (3) A lock-out declared in consequence of an
illegal strike or strike declared in consequence
of an illegal lock-out shall not be deemed to
be illegal. (Section 24)
(iv)Prohibition of financial aid to illegal
strikes and lock-outs (Section 25)
• No person shall knowingly expend or apply
any money in direct furtherance or support of
any illegal strike or lock-out.
 (v)Penalty for illegal strikes and lock-
outs (Section 26)
• (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 one month, or with
fine which may extend to fifty rupees, 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 one
month, or with fine which may extend to one thousand
rupees, or with both.
(vi)Penalty for instigation etc. (Section
27)
• Any person who instigates or incites others to
take part in, or otherwise acts in furtherance
of, a strike or lock-out which is illegal under
this Act, shall be punishable with
imprisonment for a term which may extend to
six months, or with fine which may extend to
one thousand rupees, or with both.
(vii)Penalty for giving financial aid to illegal
strikes and lock-outs (Section 28)
• Any person who knowingly expends or applies
any money in direct furtherance or support of
any illegal strike or lock-out shall be
punishable with imprisonment for a term
which may extend to six months, or with fine
which may extend to one thousand rupees, or
with both.