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3. Industrial Dispute [Sec. 2.
(k)].
It means any dispute or difference
between employers and employer, or
between employers and workman or
between workman and workman which is
connected with the employment or the
terms of employment or with the
conditions of labour of any person.

4. The definition of ‘industrial dispute’ given
above can be divided into the following
parts.
1. There must be some difference or
dispute.
2. The difference must be between-
i. employers and employers; or
ii. Employers and workman; or
iii. workman and workman.
3. The dispute should be connected with-
i. the employment or unemployment; or
ii. The terms of the employment; or

5. 4. The dispute should relate to an ‘industry’
as defined in Section 2(j).
 Before an industrial dispute can be
raised, there must be first established
the relationship of employers and
employees.
 A dispute will become an industrial
dispute only when it affects the rights of
the workman as a class.
 Even a single employee’s dispute may
become an industrial dispute when it is
taken by a union or a sizeable section of

6.  A workman who has been dismissed is still
a workman and a dispute concerning the
reinstatement of a dismissed workman is
an industrial dispute.
A dispute which arises after an
establishment has been closed down, is not
an industrial dispute {Pipraich Sugar Mills
Ltd. v. Pipraich Sugar Mills Mazdoor
Union, AIR 1957 SC 95}.

7. Strikes And Lock- outs
• Strikes and lock-outs are the tools in the
hands of the labour and employer in the
process of collective bargaining.
• The act doesn’t intend to take away these
rights. However, with a view to achieve
the object of the act, namely, peaceful
investigation and settlement of disputes,
the right of strikes and lock-outs have
restricted.

8. Prohibition of strikes and lock-outs
(Section 22)
Sector 22 of the act lays down
restrictions on the right of strike and lock-
out in public utility services. The employer
or the workmen is not restrained from
declaring lock-out or from going on strike
but it is required of them to fulfill certain
conditions.
According to section 22(1) a person
employed in a public utility service is
prohibited from going on strike in breach
of contract-

9. 1. Without giving notice to the employer in
the manner prescribed, within six weeks
before striking;
2. Within 14 days of such notice- it follows
therefrom that the strike can be take
place only during the last four weeks of
the six weeks;
3. Before the expiry of the date of strike
specified in such notice- This would mean
that if notice states if the strike is to
be commenced on a certain date, it
shouldn’t be commenced on that date but
on the next day.

10. • The intention of giving 14 days notice
before the strikes can commence is to
give to the employer and the govt.
reasonable time to explore the possibility
of averting the strike and to find out
some compromise formula.
• Any strike commenced within the
commenced period is illegal and such
action as permitted under the Act can be
against the defaulting workmen.

11. Section 22(2) prohibits an employer
carrying on any public utility service from
declaring lock-out-
1. Without giving to the workmen notice of lock
out in the prescribed manner within six
weeks before locking-out;
2. Within 14 days of such notice. It means lock-
outs can take place only during the last four
weeks of the period of six weeks mentioned
in the preceding clause;
3. Before the expiry of the date of lock-out
specified in the notice;
4. During the pendency of any conciliation
proceeding before a conciliation officer and
seven days thereafter.

12. • Section 22(3) provides that the required
notice of lock outs shall not be necessary
when a lock-out is already in existence in
public utility service. It is the duty of the
employer to send intimation of such lock outs
to the specified authority on the day on
which the lock-out is declared.
• Sub section (4) and (5) provide that the
notice of strike or lock-out, as the case may
be, shall be given by such no. of persons in
the manner as may be prescribed.
• On receipt of notice for strikes the employer
is required to report within five days,
information as regards notices received or
given to the appropriate govt. Or to the

13. General prohibition of strikes or lock
outs (Section 23)
This section provides for a general prohibition
against strikes & lock-out in all industries
including public utility services in the following
circumstances:
a) During the pendency of proceeding before a
labour court, tribunal, national tribunal,
arbitrator & two months after the proceeding;
b) During the pendency of proceeding before a
board of conciliation and seven days after the
conclusion of the processing;
c) In breach of a contract.

14. • Section 23 seems to be that the
proceedings before board of conciliation,
labour court, tribunal etc. should be
carried in such an atmosphere of peace
and cooperation.
• A strike or lock-outs commenced or
declared against the provisions of Section
23 is illegal. when the workmen go on
strike during the pendency of an
industrial dispute before the industrial
tribunal, the strike would be illegal on the
part of section 23 of the Industrial
Dispute Act,1947.

15. Illegal strikes and lock-outs
(Section 24)
A strike or lock-out shall be illegal if it
is-
1. Commenced in contravention of section
22 in a public utility service; or
2. Commenced in contravention of section
23 in any industrial establishment;
3. Continued in contravention of an order
under section 10(3); or
4. Continued in contravention of an order
made under section 10-A(4-A).

16. Section 10(3) provides that where an
industrial dispute is referred and an order
prohibiting any strikes has been made by
appropriate govt. the strike shall be illegal if
it is continued after the order has been made.
A strike or lock-out shall not be regarded
illegal if-
1. It is at its commencement not in violation of
the provision of the Act; or
2. Its continuance has not be prohibited by the
appropriate govt. under section 10(3) or
section 10-A(4-A); or
3. A lock-out is declared in consequence of an
illegal strike in consequence of an illegal lock-
out.

17. • Every strike in India is not illegal, because
the workers enjoy a fundamental right to
go on strike.
• They become illegal only if they fall within
the mischief of section 24 of the Act. A
strike which is not illegal under section 24
can never be treated as illegal under the
Act.

18. • Effect of illegal strike:
• When the strike is illegal, the workmen
cannot claim damages for the period
during which an illegal strike continues.
• In order to entitle the workmen to wages
for the period of strike, the strike should
be legal as well as justified.
• Where strike is unjustified and lock-out is
justified, the workmen would not be
entitled to any wages at all. Similarly if
the lock-out is unjustified and strike is
justified, the workmen would be entitled
to the entire wages for the period of
strike or lock-out.

19. Prohibition of financial aid to illegal
strikes and lock-outs(section 25).
Section 25 prohibits any person from
knowingly expending any money in direct
furtherance of any illegal strike or lock-outs.
Penalty for illegal strikes or lock-
outs(sec.26).
In such case the workman shall be punishable
with imprisonment which may extend to one
month or with fine . In case of illegal lock-out
the employer shall be punishable with
imprisonment which may extend to one month
or with fine which may extend to Rs.1000 or

20. Penalty for instigation(section 27).
Section 27 provides for penalty for any
person who instigates other to take part in
an illegal strike or lock-outs who otherwise
acts in furtherance of the same. The
punishment in such cases is imprisonment
for a term which may extend to six months
or with fine or both.

21. Penalty for giving financial aid to
illegal strikes or lock-outs(section
28)
Financial aid to illegal strikes or lock outs
is prohibited under section 25 of the act.
This section makes it an offence. Penalty
provided is imprisonment which may
extend to six month or with fine.