STRIKES AND LOCKOUT

STRIKES and lockout

 Strikes are the weapons in the hands of the labour for collective bargaining
 It can be considered as an action or omission , which inflict or threaten to
inflict financial loss on the management with a view to to coerce the
management to concede to their demands
Strikes & Lockout

 S62-64
 Illegal strike and lockout- S63
Different kinds of strike

 Stay in strike, sit down strike, pendown strike

 Go slow
 Bank of India v. T.S Kelawala- go slow is a serious misconduct being a covert
and more damaging breach of contract of employment. It is condemned as
the industrial action and has not been recognised as an legitimate weapon of
the workmen to redress the grievance
 Lightning strike:
 Work to rule, employees remain on job, do the work literally in accordance
with rules or procedure laid down for the purpose decline to do anything ,
take all the permissible time in job do the work in such a manner causing
dislocation of work
ALL INDIA BANK EMPLOYEES ASSN V. NIT
AIR 1962 SC 171
 Even a very liberal interpretation of Art 19(1)© CANNOT LEAD TO THE
CNCLUSION THAT TU have a right to strike as a part of collective bargaining
 The right tos trike may be controlled by appropriate legislation,
 BR SINGH V. UOI 1990 LAB IC 389
 Has observed that strike though not raised to highest pedestal of a FR , it is
recognised as mode of redressal for resolving grievances of workmen
 Kameshwar prasad v. state of Bihar AIR 1962 SC 1166
 SC eld that it include thright to demonstrate which is a constitutional
guarantee of Article 19(1(b)
GOVERNMENT SERVANTS RIGHT TO
STRIKE
 T.K RANGARAJAN V. GOVT OF T.N 2003 6 SCALE 84
 IS there any FR to strike? No fr
 mora;l or equitable justification to go on strike. The court observed that government
employees cannot claim that they can hold the society to ransom by going on strike. The court
however added that even if there is injustice to some extent, they have to resort to the
machinery provided under different statutory provisions for redressal of grievances, strike is
aweapon which is mostly misused which results in chaos and total maladministration.strike
affects the society as a whole and particularly in the instant case when 2 lakh employees go on
a strike en masse , the entire administration comes to a grinding halt
 But court reinstated employees, proceed against those who incited violence
 those who are not reinstated on the ground that FIRs are lodged against them, it would be
open to challenge them before administrative tribunal.
 DirecteD HC to ensure justice that justice should not be denied to the affected persons if AT
are not functioning
LOCKOUT-Presidency Jute Mills Co v.
Employees Union (1952) 1 LLJ 796
 Lockout I sthe counterpart of strike, the corresponding weapon in the hands of
the employer to resist collective demands of workmen or to enforce his terms
 Karibetta estate V. Rajamanickam (1960) 2 LLJ 275 (SC)
 Manager of the estate was assaulted by some of the workmen as a result of which
he suffered a fracture , and was hospitalised for a month, the other members of
the staff were also hospitalised. Some members of the staff were also threatened
and were afraid to go to factory which caused the management to cause
lockout . Those who were affected by this claimed compensation: Court
described that lockout can be described as an antithesis of a strike, lockout is a
weapon available to employer to persuade by coercive process the employees to
see his point of view and accept his demands. In the struggle between capital
and labour , weapon of lockout is available to employer
Lakshmi Devi Sugar Mills v. Ram Swarup
(1964) 2 LLJ 76
 Lockout is generally adopted as a Security Measure. This is unacceptable.
Lockout is an instrument of economic coercion and not a security measure.
Lockout is not an end in itself, it is a means to the end. The particular means
adopted are putting of economic measures on recalcitrant workmen, further
in harmony with the view, no work no pay, the closing of a place of
employment, or the suspension of work, or refusal by an employer to
continue to employ and number of persons employed by him is the emans
adopted to put the requisite economic pressure.
JUSTIFIED STRIKE

 WHEN A STRIKE IS RESORTED TO’

 After exhausting the remedies provided in IDA and these being proved futile,
 Against an unfair labour practice or victimisation on the part of management
 To press reasonable demands of workmen in peaceful manner
 Due to provocation of the other party
 As a measure of protest against fellow workmen
 Against discharge of union officials
 Against refusal to recognise the union
 Against employer’s refusal to pay wages
Justified lockout

 It was neither actuated nor occasioned by any unfair labour practise on the
part of employer
 It was adopted due to security measure
 It was necessitate by conduct of workman
 It was in consequence of strike which was unreasnableee
MODEL MILLS V. DHARAM DAS AIR 1958
SC 311
 Management can dismiss the strikers if they are participating in an illegal
strike according to the standing orders of the company. But the rules of
natural justics must be followed.