PROHIBITION OF STRIKES AND LOCK-OUTS

General Prohibition of Strikes

No worker employed in any industrial establishment is allowed to go on strike in breach of

contract:

(i) during the pendency of conciliation proceedings before a Board of Conciliation

and seven days after the conclusion of such proceedings; or
(ii) during the pendency of proceedings before a Labour Court, Tribunal, or National
Tribunal, and two months after the conclusion of such proceedings; or
(iii) during the pendency of arbitration proceedings before an arbitrator and 2
months after the conclusion of such proceedings (if a notification prohibiting a
strike has been issued by the government); or
(iv) During any period in which a settlement or award is in operation in respect of
any matter covered by the settlement or award, as the case may be [Sec. 23].

Prohibition of Strikes in Public Utility Services

The provision pertaining to general prohibition of strikes [Sec. 23] applies in respect of
public utility service also. However, the act imposes certain additional restrictions on strikes
in the public utility services. These additional restrictions are as follows: A person employed
in public utility service must not go on strike in breach of contract;

(i) without giving to the employer a notice of strike within six weeks before striking;
or
(ii) within 14 days of giving such notice: or
(iii) before the expiry of the date of strike specified in the notice; or
(iv) During the pendency of conciliation proceedings before a Conciliation Officer and
seven days after the conclusion of such proceedings.

The notice of strike has to be given by such number of persons to such person and in such
manner as may be prescribed by the appropriate government. If an employer receives a
number of notices of strikes on any day, he is required to report the matter to the
appropriate government or an authority specified by it within five days of the date of receipt
of such notice. A notice of strike is not necessary where it is already in existence in the
public utility service but, in this case, the employer is required to send intimation of such a
strike to the authority specified by the appropriate government on the day on which it was
declared [Sec. 22].

Prohibition of Lock-outs

The provisions regarding the prohibition of lock-outs are the same as those for the
prohibition of strikes [Secs.22–23].

Illegal Strikes and Lock-outs

A strike or lock-out is illegal in the following cases:

1. If it is commenced or declared in contravention of the provisions relating to general

prohibition of strikes or lock-outs or those applying to public utility services [Sec. 22–23].

2. If it is continued in contravention of an order made under Sub-section (3) of Section 10

which says, ‘Where an industrial dispute has been referred to a Board, Labour Court,
Tribunal, National Tribunal, the appropriate government may by order prohibit the
continuance of any strike or lock-out in connection with such dispute which might have
been in existence on the date of reference’.

3. If it is continued in contravention of an order made under Sub-section 4A of Section 10A

which reads, ‘Where an industrial dispute has been referred to arbitration and a notification
has been issued . . . the appropriate government may, by order, prohibit the continuance of
any strike or lock-out in connection with such dispute which might have been in existence
on the date of reference’.

Where a strike or lock-out in pursuance of an industrial dispute has already commenced and
is in existence at the time of the reference of the dispute to a Board of Conciliation, an
arbitrator or an adjudication authority, the continuance of such strike or lock-out is not
illegal, provided that it was at its commencement not in contravention of the act or its
continuance specifically prohibited. A lock-out declared in consequence of an illegal strike or
a strike declared in consequence of an illegal lock-out is not illegal [Sec. 24].
Prohibition of Financial Aid to Illegal Strikes and Lock-outs

The act prohibits expending or applying any money in direct furtherance or support of any
illegal strike or lock-out [Sec. 25].