labour law-I for LLB Degree students

1. STRIKE AND LOCK-OUT UNDER
INDUSTRIAL DISPUTE ACT 1947

2. MEANING AND DEFINITION
 According to section 2(q) of Industrial Disputes Act 1947,
"a strike is "a cessation of work by a body of persons
employed in an industry acting in combination; or a
concerted refusal of any number of persons who are or
have been so employed to continue to work or to accept
employment; or a refusal under a common understanding
of any number of such persons to continue to work or to
accept employment".

3. Few aspects of a strike:
 Firstly, a strike is a referred to as stoppage of work by a group of
workers employed in a particular industry.
 Secondly, it also includes the refusal of a number of employees to
continue work under their employer.

4.  Patila Cement Company ltd v/s Workman 1955
It was held that there is no limit for the period of strike. It can be for
any short period or any long period. Cessation of work for half an hour
was also held to be a strike.
CASE LAW

5. STRIKES CAN OCCUR BECAUSE OF THE
FOLLOWING REASONS:
 Dissatisfaction with company policy
 Salary and incentive problems
 Increment not up to the mark
 Wrongful discharge or dismissal of workmen
 Withdrawal of any concession or privilege
 Hours of work and rest intervals
 Leaves with wages and holidays

6. KINDS OF STRIKE:
General strike:
It means a strike by members of all or most of the unions in
a region or an industry. It may be a strike of all the
workers in a particular region of industry to force demands
common to all the workers. These strikes are usually
intended to create political pressure on the ruling
government, rather than on any one employer.

7. Sit down Strike:
In this case, workers do not absent themselves from their
place of work when they are on strike. They keep control
over production facilities. But do not work. Such a strike is
also known as 'pen down' or 'tool down' strike. Workers
show up to their place of employment, but they refuse to
work. They also refuse to leave, which makes it very
difficult for employer to defy the union and take the
workers' places. In June 1998, all the Municipal
Corporation employees in Punjab observed a pen down
strike to protest against the non-acceptance of their
demands by the state government.

8. Slow Down Strike:
Go-slow is yet another form of industrial protest in which workmen do not stop
the work but deliberately slow-down the process of production in order to cause
loss of production to the employer. It must be noted that there is no cessation of
work at all, and in fact, workmen pretend themselves as engaged in doing their
work.

9. PROCEDURE OF STRIKES IN INDIA
According to Sec. 22(1)
No person employed in a public utility service shall go on strike in breach of
contract:
 without giving to the employer notice of strike, as hereinafter provided,
within six weeks before striking; or
 within fourteen days of giving such notice; or
 before the expiry of the date of strike specified in any such notice as
aforesaid;
 during the pendency of any conciliation proceedings before a conciliation
officer and seven days after the conclusion of such proceedings

10. MEANING AND DEFINITION:
According to Industrial Disputes Act 1947,Lockout [Sec. 2(1)]:
 Lockout 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".
Lockout is the antithesis of strike.
 It is a weapon of the employer while strike is a weapon in the hands of workers.
 Just as the strike is a weapon in the hands of the workers for enforcing their demands, lockout
is a weapon available to the employer to make their employees come to their way and accept
the management's terms and conditions.
 The Industrial Dispute Act does not intend to take away these rights.
 However, the rights of strikes and lockouts have been restricted to achieve the purpose of the
Act, namely peaceful investigation and settlement of industrial disputes.
 General Labour Union (Red Flag) v/s B. V. Chavan And Ors on 16 November 1984, the
Supreme Court of India expressed, "Imposing and continuing a lockout deemed to be illegal
under the Act is an unfair labor practice.

11. LOCKOUT CAN OCCUR BECAUSE OF
THE FOLLOWING REASONS:
 Disputes or clashes in between workers and the management.
 Unrest disputes or clashes in between workers and workers.
 Illegal strikes, regular strikes or continuous strikes by workers may lead to lockout of
factory or industry.
 External environmental disturbance due to unstable governments may lead to lockouts
of factories or industries.
 Continuous or accumulated financial losses of factory or industry may lead to opt
lockout by the management.
 Maybe lockout if any company involves in any fraudulent or illegal activities.
 Failure in maintaining proper industrial relations, industrial peace, and harmony.

12. 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:
during the pendency of conciliation proceedings before a Board and seven days
after the conclusion of such proceedings;
 during the pendency of proceedings before a Labour Court, Tribunal or National
Tribunal] and two months after the conclusion of such proceedings;
 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 sub- section (3A) of section 10A; or] [10A. Voluntary reference of
disputes to arbitration]

13. PENALTY FOR ILLEGAL STRIKES AND
LOCK-OUTS. [SECTION 26]
 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.
 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.