‘STRIKE AND

LOCKOUT’
 STRIKE
SECTION 2(q)
[IR CODE 2020: SECTION 2(zk)
■ “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”
■ [IR CODE 2020: includes concerted casual leave on a given day by 50% or more
workers employed in an industry]

ELEMENT OF
WHO GOES AGAINST
COMBINATI
ON STRIKE WHOM
ON
 FORMS OF STRIKE

TOOL
DOWN/ PEN GO SLOW HUNGER
DOWN STRIKE STRIKE
STRIKE

LIGHTNING WORK-TO-R
STRIKE ULE STRIKE
 LOCKOUT
■ 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.
Premier Automobiles Ltd. v G R Sapre (1981) Lab. IC 221 (Bombay)
Definition wide enough to cover every process of stopping the work.
Kairbetta Estate v Rajmanickam (1960) 2 LLJ 275 SC
Lockout is the antithesis of a strike.
 PROHIBITION OF STRIKES &
LOCKOUTS
■ Section 22 and 23 of ID Act now merged as one under the IR Code
■ No separate provision for public utility services under IR Code

NO STRIKE
/LOCK-OUT

DURING DURING
DURING
WITHOUT GIVING 6 PROCEEDINGS ARBITRATION DURING OPERATION
WITHIN 14 DAYS OF BEFORE EXPIRY OF CONCILIATION
WEEKS [60 DAYS] BEFORE TRIBUNAL PROCEDINGS AND 6 OF SETTLEMENT OR
GIVING NOTICE DATE IN NOTICE PROCEEDINGS AND 7
NOTICE AND 6 WEEKS [60 WEEKS [60 DAYS] AWARD
DAYS AFTER
DAYS] AFTER AFTER

Green – Public Utility Services

Red – Common
Purple – Non-PUS
 ILLEGAL STRIKES AND LOCKOUTS
SECTION 24
[IR CODE: SECTION 63]

AS PART OF
IN ONGOING
CONTRAVENTION PROCEEDINGS
OF SECTIONS 22 & PROHBITED TO GO
23 ON STRIKE
/LOCKOUT
 PENALTY

■ Illegal strike – fine upto 50/- or imprisonment upto 1 month [IR CODE 2020:
1000-10000/-]
■ Illegal lockout – fine upto 1000/- or imprisonment upto 1 month [IR CODE 2020:
50000-100000/-]
■ Instigation or incitement of illegal strike or lockout - fine upto 1000/- or imprisonment
upto 6 months [IR CODE 2020: 10000-50000/- - imprisonment upto 1 month]
■ Financial aid to illegal strike or lockout - fine upto 1000/- or imprisonment upto 6
months [IR CODE 2020: 10000-50000/- - imprisonment upto 1 month]
 JUSTIFIED STRIKE

REASONABLE
EXHAUSTING ALL UNFAIR LABOUR DEMANDS OF
PROVOCATION OF
REMEDIES UNDER PRACTICE OR WORKERS IN
OTHER PARTY
ID ACT VICTIMIZATION PEACEFUL
MANNER

PROTEST PROTEST
DISCHARGE OF REFUSAL TO PAY
AGAINST AGAINST
UNION OFFICIAL ADVANCE WAGES
RETRENCHMENT SUSPENSI0N

REFUSAL TO GIVE REFUSAL TO

ADVANCE FOR RECOGNIZE
FESTIVAL UNION
 JUSTIFIED LOCKOUT

NO UNFAIR NECESSITATED
SECURITY
LABOUR BY CONDUCT
MEASURE
PRACTICE OF WORKMAN

DECLARED
RESULT OF AFTER
UNREASONAB TOOL-DOWN
LE STRIKE STRIKE WAS
STAGED