The document discusses strikes and lockouts under Indian labor law. It defines a strike as a cessation of work by employees acting in combination for demands related to employment. A lockout is defined as an employer temporarily closing a workplace or suspending work. There are various types of strikes like stay-away and sit-down strikes. A strike becomes illegal if certain notice periods are not followed. Similarly, lockouts must follow certain rules or become illegal. The roles of HR managers in preventing strikes include maintaining good policies and communication, as well as negotiating to resolve strikes.

1. STRIKES AND LOCKOUT
Presented by:
Alok Narayan
Pathak

2. WHAT IS STRIKE?
 Strike is defined in Section 2(q) of the Industrial
Disputes Act:
“strike means any 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”

3. ESSENTIALS OF STRIKE:
 There must be cessation of work.
 The cessation of work must be by a body of persons
employed in any industry.
 The strikers must be acting in combination.
 The strikers must be working in any establishment
which can be called industry within the meaning of
sec 2 (j).
 They must stop working for some demands relating to
employment, non employment or the terms of
employment or working conditions.

4. TYPES OF STRIKE:
 Primary strikes: these are generally aimed
against the employer with whom the dispute
exists. E.g.. stay-away, stay-in, sit-down, pen-
down or tools-down strike etc.
 Secondary strikes: in these the strike is
against some third person who has some
good trade relations with the primary employer
which are severed and the employer incurs
loss due to that. This kind of strike is not
popular in India

5. TYPES OF PRIMARY STRIKE:
Stay away strike: workmen do not come to the
workplace during the prescribed working hour instead
they organize rallies and demonstrations to draw the
attention of the employer to their grievances.
Sit down strike: the employees or others interested in
attaining their objectives take possession of the
property of the business, establish themselves in the
plant, stop the production and refuse access to the
owners or to others desiring to work.
Stay in strike: it develops when the demands of the
workers on the strike day are not fulfilled and they
keep on continuing with the sit down strike and do not
leave the plant.

6. CONTD…
 Tools down or pen down strike: the strikers lay
down their tools or pen and refrain from doing
work though they remain in the workplace.
 Token or protest strike: it is a very short
duration strike with the purpose of informing
the employer about the feelings of the
employees against the decision taken by him.
 Lightning or cat call strike: this type of strike is
suddenly announced without notice or at a
very short notice.

7. CONTD….
 Go- slow: the workers intentionally reduce the
speed of the work in order to reduce the production
of the factory.
 Picketing and boycott: its an act of posting pickets
and implies marching and patrolling of workmen in
front of the factory premise for the purpose of
preventing others from entering the premise.
 Gherao: physical blockade of a target by
encirclement intended to block the transportation to
and from the target place.

8. CONTD…
 Hunger strike: the basic purpose of it is to
gain sympathy and to attract attention of the
public.
 Sympathetic strike: the striking employees
join the strike with the purpose of supporting
others in their cause.

9. WHAT IS LOCKOUT?
 Section 2(1) of the Industrial Disputes Act
defines Lockout as “ 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”

10. ESSENTIALS OF LOCKOUT:
 Temporary closing of place of employment.
 An element of demand for which the industry
is locked out, must be there.
 Intention to reopen or take back the workers
if they comply with the demands.
 The establishment should be an industry
within sec 2 (j).

11. DISTINCTION BETWEEN STRIKE AND LOCKOUT:
 Strike is a weapon available to the employees for
enforcing their industrial demands.
 Lockout is a weapon available to the employer to
persuade by a coercive force the employees to
accept his demands.
 Lockout is the antithesis of strike.
 In retaliation to strike, there are lockouts.

12. WHEN DOES A STRIKE BECOME ILLEGAL?
 Sec 22 of the Industrial Disputes Act lays down certain
rules for going in for a strike in public utility services. If
that is not followed it will amount to an illegal strike.
 Issue of notice of strike is mandatory.
 The date of strike must be within six weeks from the
date of issue of strike notice.
 The day of strike must not be within 14 days from the
date of notice.
 There can be no strike on any day before the date
specified in the notice.
 There can be no strike during the pendency of
conciliation proceedings and 7 days after the
conclusion of said proceeding.

13. CONTD………
 Section 23 of Industrial Disputes Act provides rules for workman
employed in any industrial establishment.
 There can be no strike:
 During the pendency of conciliation proceedings before a board
and 7 days after the conclusion of such proceeding.
 During the pendency of proceedings before a labour court,
tribunal or national tribunal and 2 months after conclusion of such
proceeding.
 During the pendency of arbitration proceedings before an
arbitrator and 2 months after the conclusion of such proceeding,
where a notification has been issued under sub section 3-A of sec
10-A.
 During any period in which a settlement or award is in operation,
in respect of any matters covered by the settlement or award.

14. WHEN DOES A LOCKOUT BECOME ILLEGAL?
 Section 22 of the said act lays down the same
rules for being a lockout as illegal in Public
Utility Services as it lays down for illegal strikes.
 Section 23 also provides the same rules for
lockouts in any industrial establishment as it
lays down for illegal strikes under this provision.
 Sec 24 (3) of the act provides that a lockout
declared in consequence of an illegal strike or a
strike declared in consequence of an illegal
lockout shall not be deemed to be illegal

15. WHAT ARE THE UNFAIR LABOUR PRACTICES
UNDER TRADE UNION’S ACT, 1926?
 Advise or actively support or instigate any strike which is
illegal.
 Picketing in such a manner that non- striking workmen
are physically debarred from entering the workplace.
 Indulge in acts of force or violence or to hold out threats
of intimidation in connection with a strike against non-
striking workmen and managerial staff.
 Recognized union refusing to bargain collectively in good
faith with the employer.
 stage demonstrations at the residence of the employers.
 incite or indulge in willful damage to employers property
connected with the industry.

16. PENALTIES UNDER INDUSTRIAL DISPUTES ACT:
Penalty for illegal strike and lockout:
 any workman taking part in an illegal strike shall be
punishable with imprisonment for 1 month or with fine
of rs 50 or with both.
 Any employer taking part in an illegal lockout shall be
punishable with imprisonment for 1 month or with fine
of rs 1000 or with both.
Penalty for instigation:
 Any person who instigates for an illegal strike or lockout
shall be punishable with an imprisonment of 6 months
or fine of rs 1000 or both.

17. CONTD..
Penalty for giving financial aid to illegal
strike or lockout:
 Any person who knowingly expends any money in
support of an illegal strike or lockout shall be
punishable with an imprisonment of 6 months or rs
1000 fine or both.

18. WHETHER RIGHT TO STRIKE IS AVAILABLE TO
GOVERNMENT EMPLOYEES?
Fundamental right:
 The government employees has no fundamental right
to resort to strike.
 This has been asserted in a number of cases as
follows:
Radhey Shyam Sharma v Post Master General: the
court held that a perusal of article 19(1) of the
constitution shows that there is no fundamental right to
strike.
Statutory Right:
 There is no statutory provision empowering the
employees to go on a strike.

19. HR MANAGER’S ROLE IN PREVENTION OF
STRIKE:
 the hr manager should adopt well defined, precise
and clear hr policies to maintain good industrial
relation in the organization.
 Effective administration and timely implementation of
these policies should be ensured.
 An effective two way communication system should
be there which will negate any misunderstanding
among the workers and will create a climate of
goodwill and faith in the organization.

20. CONTD…
 Just and humane conditions of work should be
provided by the hr manager.
 Welfare activities for the benefit of workers and
close personal contacts with employees at all
levels should be done.
 Suitable and speedy grievance redressal
procedure for the management of worker’s
problems should be adopted.
 Recognition to representative union should be
there and joint consultation at different levels
and collective bargaining should be encouraged.

21. ROLE OF HR MANAGER WHEN THERE IS A
STRIKE:
 The hr manager should come up with a strike action
plan. It sets out the steps on hoe the organization will
deal with the striking employees.
 He should make a strike contingency plan which sets
out the practical guidelines on how will the
organization continue its operations during the period
of strike.
 A strike team should be formed by the hr manager
who will negotiate with the employee representatives
and try to bring the strike to an end quickly.

22. THANK YOU…….