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Strike and Lockout Regulations Overview

This document discusses strikes, lockouts, and related labor issues under Indian law. It provides: 1) Strikes and lockouts are recognized as tools of collective bargaining under the Industrial Disputes Act of 1947. 2) The Act prohibits strikes in public utility services and lockouts by employers in such services. 3) It restricts declaring strikes that would breach employment contracts in certain circumstances, such as during conciliation proceedings, arbitration, or when a settlement or award is in operation. 4) The document raises the question of whether the right to strike is a fundamental right under Indian law.

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avi Sharma
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259 views11 pages

Strike and Lockout Regulations Overview

This document discusses strikes, lockouts, and related labor issues under Indian law. It provides: 1) Strikes and lockouts are recognized as tools of collective bargaining under the Industrial Disputes Act of 1947. 2) The Act prohibits strikes in public utility services and lockouts by employers in such services. 3) It restricts declaring strikes that would breach employment contracts in certain circumstances, such as during conciliation proceedings, arbitration, or when a settlement or award is in operation. 4) The document raises the question of whether the right to strike is a fundamental right under Indian law.

Uploaded by

avi Sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

Strike, lockout, Lay-off,

retrenchment & closure


1
2

Strike and lockout


3

Powerful tools of collective bargaining

LOCKOUT
STRIKE

EMPLOYER
LABOUR

Strikes and Lockouts have been recognized by the Industrial Disputes Act, 1947
4
5
6 TYPES OF STRIKES

General strike Gherao

Hunger strike Sympathetic


strike

Sit down strike,pen-


down or tool-down Picketing
strike
Wild cat strike
7

PROVISIONS OF SRIKE AND LOCKOUT


GIVEN IN INDUSTRIAL DISPUTE ACT,1947
8 Section 22(1) of the Industrial  Dispute Act, 1947
put certain prohibitions on the right to strike. 
 There is Prohibition in public utility service for strikes and lockouts
9 Section 22(2) of the Industrial Disputes Act, 1947 provides that no
employee of any public utility service shall lock-out any of his
workmen

1. NOTICE WORKMEN

IF LOCKOUT IS ALREADY IN EXISTENCE THEN NOTICE OF STRIKE IS NOT A NECESSITY,


SIMILARLY IF STRIKE IS ALREADY IN EXISTENCE THEN NOTICE OF LOCKOUT IS NOT A
NECESSITY
10 Section 23 of the Industrial Disputes Act, 1947 imposes general
restrictions on declaring strike in breach of contract in the
both public as well as non- public utility services in the
following circumstances-
General prohibition of strike-
(a) During the pendency of conciliation proceedings before a board and till the
expiry of 7 days after the conclusion of such proceedings;

(b) During the pendency and 2 month's after the conclusion of proceedings


before a Labour court, Tribunal or National Tribunal;

(c) During the pendency and 2 months after the conclusion of arbitrator, when
a notification has been issued under sub- section 3 (a) of section 10 A;

(d) During any period in which a settlement or award is in operation in respect


of any of the matter covered by the settlement or award.
11
IS RIGHT TO STRIKE A FUNDAMENTAL
RIGHT ??

Strike, lockout, Lay-off, retrenchment & closure 1
Strike and lockout 2
Powerful tools of collective bargaining STRIKE LOCKOUT LABOUR EMPLOYER Strikes and Lockouts have been recognized by the Indus
4
5
TYPES OF STRIKES Hunger strike Sit down strike,pen- down or tool-down strike Wild cat strike Sympathetic strike Gherao Pick
PROVISIONS OF SRIKE AND LOCKOUT GIVEN IN INDUSTRIAL DISPUTE ACT,1947 7
Section 22(1) of the Industrial  Dispute Act, 1947 put certain prohibitions on the right to strike.   There is Prohibition
Section 22(2) of the Industrial Disputes Act, 1947 provides that no employee of any public utility service shall lock-out an
General prohibition of strike- (a) During the pendency of conciliation proceedings before a board and till the expiry of 7 d

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