LABOUR LAW

Strikes and lockout

Introduction

Strikes and lockouts are the last resort actions taken by employees and employers
respectively to ensure that both get what they are demanding for.
Strikes happen when employees agree to stop working as a way of compelling the employer
to hid to their demands while lockouts happen when employers close down the workplaces
to bar employees from working with aim of getting employees to adjust to their demands as
well.
■ The law gives room for strikes and lockouts to take place in industries on condition that
they are peaceful; causing no harm to the society and no vandalism to public or
industrial property by the Industrial Disputes Act, 1947
Strike

Definition of Strikes S.2 (Q)

■ A strike is the ceasing of work by employees of an industry with the objective of forcing
an employee to meet particular demands. It is a mutual understanding between workers
to cease work or even employment all with the motive of drawing the attention of the
management concerning their various demands.
Ingredients of Strike

Cessation of Work:-
■ This is most significant characteristic of the concept of strike.
■ It has been variedly expressed as abandonment, stoppage, or omission of performance
of thier duties or refusing or failing to return to the work which they are usually
employed for.
■ Concerted action
Another important ingredient of the strike is a concerted action. The workers must act
under a common understanding. The cessation of work by a body of persons employed
in any industry in combination is a strike. Thus in a strike it must be proved that there
was cessation of work or stoppage of work under a common understanding
Types of Strike

1. General Strike-
■ A general strike is a type of strike where the workers join together for a common reason
or demand and keep themselves from work, depriving the employer of their workers to
carry on their business operations.
■ Employees begin by giving a strike notice to the management of the industry they work
for. If the management fails to settle the dispute within the given time in the strike
notice, the strike will be launched after the expiry of the notice.
2.Sit-down Strike
This kind of strike involves employees reporting for duty in their workplaces normally, take
their positions in their various areas of work but they simply sit and do nothing.
■ They might also choose to just hang around the industry’s premises. The objective of
this strike is to cripple production. The industry ends up incurring huge losses due to no
work being done at all.
Sadul Textile Mills Limited Vs. Their Workmen
The Supreme Court ruled that a sit-down strike is not justified by any means even if it
does not involve violence since it is an infringement of the employers’ rights.
3.Go-slow Strike
The Go-slow Strike is aimed at showing the employers how offended the employees are.
The employees report for duty as usual and could even get to work but with only one
distinction; they don’t actually do anything productive. The delay in all that they do and the
outcome turns into little or no production at all.
The unique thing about this strike is that at the end of the day, the employees demand for
their wages.
■ The Supreme Court ruled that a go-slow strike is a major form of misconduct when it
comes to labor in the case of “Bharat Sugar Mills Ltd. vs. Jai Singh
lockout

■ Lockout defined under Section 2(l) of Industrial Dispute Act, 1947. Lockout means
temporary closure of any establishment or industry.
■ Lockout is a tool in the hands of the management to force the workmen to further
negotiate on their demands which are related to the terms and conditions of the workers’
employment.
■ As per the Industrial Disputes Act, 1947, Lock-out 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.
Provisions for general prohibition of
Strikes & Lockouts
In public utility service
■ Sections 22 and 23 of Industrial Disputes Act, 1947 also contain provisions for a general
prohibition of strikes and lockout. Section 22(1) and section 22(2) of the Industrial Disputes Act,
1947 provides that no person employed in a public utility service shall go on strike or lockout, in
breach of contract—
■ Without giving the employer or employee notice of a strike or lockout, as from now on provided,
within six weeks before striking; or
■ within fourteen days of giving such notice; or
■ before the expiry of the date of strike or lockout specified in any such notice as aforesaid; or
– during the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceedings.
in General Industries
■ There are certain restrictions according to Section 23 of Industrial Disputes Act, 1947 which
provide that 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 10 A ;
– During any period in which a settlement or award is in operation, in respect of any of
the matters covered by the settlement or award.
Conclusion

■ It is observed that strike is not a fundamental right in India.

■ Employees make use of such strikes in order to enact industrial action upon employers
about the demands they have and Employers make use of lockouts as a weapon to
compel their workers to meet their work demands.
■ Strikes and lockouts cannot take place just in any way and thus, they have boundaries
and circumstances that render them either legal or illegal. Industrial Disputes Act, 1947
limits the rights of strikers and given the legal right of going on strikes as stipulated in
sections 22, 23 and 24.
■ Thus, we can conclude that Strikes and Lockouts are effective weapons for both
employers and employees who utilize such weapons lawfully and ethically.
Thank you