Introduction

Today, in each country of globe whether it is democratic, capitalist, socialist, give right to
strike to the workers. But this right must be the weapon of last resort because if this right is
misused, it will create a problem in the production and financial profit of the industry.

In India, right to protest is a fundamental right under Article 19 of the Constitution of India.
But right to strike is not a fundamental right but a legal right and with this right statutory
restriction is attached in the industrial dispute Act, 1947.

Position in India

In India, unlike America, right to strike is not expressly recognized by the law. The trade
union Act, 1926 for the first time provided limited right to strike by legalizing certain activities
of a registered trade union.

Every fundamental right is subject to reasonable restrictions, the same is also the case to
form trade unions to give a call to the workers to go on strike and the state can impose
reasonable restrictions. In the All India Bank Employees Association v. I. T. 1961, the Supreme
Court held,

"the right to strike or right to declare lock out may be controlled or restricted by
appropriate industrial legislation and the validity of such legislation would have to be tested not
with reference to the criteria laid down in clause (4) of article 19 but by totally different
considerations."

Provision of valid strike under the Industrial Dispute Act, 1947-

Section 2(q) of said Act defines the term strike, it says, "strike" means a cassation of work
by a body of persons employed in any industry. Dispute Act, 1947 put certain prohibitions on
the right to strike. It provides that no person employed in public utility service shall go on strike
in breach of contract:

1. Without giving to employer notice of strike with in six weeks before striking; or
2. Within fourteen days of giving such notice; or
3. Before the expiry of the date of strike specified in any such notice as aforesaid; or
4. During the pendency of any conciliation proceedings before a conciliation officer and
seven days after the conclusion of such proceedings.

It is to be noted that these provisions do not prohibit the workmen from going on strike
but require them to fulfill the condition before going on strike. Further these provisions apply
to a public utility service only.
 The Industrial Dispute Act, 1947 does not specifically mention as to who goes on strike.
However, the definition of strike itself suggests that the strikers must be persons, employed in
any industry to do work.

Notice of strike-Notice to strike within six weeks before striking is not necessary where
there is already lockout in existence.

General prohibition of strike-

The provisions of section 23 are general in nature. It imposes general restrications on

declaring strike in breach of contract in the both public as well as non- public utility services in
the following circumstances mainly: -

1. During the pendency of conciliation proceedings before a board and till the expiry of 7
days after the conclusion of such proceedings;
2. During the pendency and 2 month’s after the conclusion of proceedings before a Labour
court, Tribunal or National Tribunal;
3. 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;
4. 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.

Illegal Strike-

Section 24 provides that a strike in contravention of section 22 and 23 is illegal. This section is
reproduced below:

1. A strike or a lockout shall be illegal if,

2. It is commenced or declared in contravention of section 22 or section 23; or
3. It is continued on contravention of an order made under sub section (3) of section 10 or
sub section (4-A) of section 10-A.
4. Where a strike or lockout in pursuance of an industrial dispute has already commenced
and is in existence all the time of the reference of the dispute to a board, an arbitrator, a
Labour court, Tribunal or National Tribunal, the continuance of such strike or lockout
shall not be deemed to be illegal;, provided that such strike or lockout was not at its
commencement in contravention of the provision of this Act or the continuance thereof
was not prohibited under sub section (3) of section 10 or sub section (4-A) of 10-A.
5. A strike declared in the consequence of an illegal lockout shall not be deemed to be
illegal.

Consequence of illegal Strike-

 1. Dismissal of workmen-
2. Wages-
3. Right of employer to compensation for loss caused by illegal strike-

Lockout

Meaning of lockout

Lock made is not permanent that can be closed and opened. The word 'out' can be
understood as keeping temporarily away management and employees from the factory, till
settlement of the issues caused to lockout.

Factory lockout is the ultimate weapon in the hands of the management when an
uncontrollable situations arises in the factory. No matter what it is factory lockout will cause
great loss to the management and to the workers. If lockout re-occurs, it may become threat
for the existence of the factory, which finally leads to the loss of the jobs of workers.

Lockouts in INDIA

lockout of any factory or industry is governed by the law called the Industrial Disputes Act
1947. According to section 22 of this Act, lockout of factory or industry must be done only after
issuing prior notice to concern employees.

If not, such lockout shall be treated as illegal lockout and concerned factory or industry
shall be penalised according to the Industrial Disputes Act 1947.

According to Industrial Disputes Act 1947 [Sec. 2(1)]:

Lockout 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". Lockout is the antithesis of strike.

It is a weapon of the employer while strike is weapon in the hands of workers. Just as the
strike as a weapon in the hands of the workers for enforcing their demands, lockout is a
weapon available to the employer to make their employees to come to their way and to make
accept them to the management terms and conditions.

The Industrial Dispute Act does not intend to take away these [Link], the rights of
strikes and lockouts have been restricted to achieve the purpose of the Act, namely peaceful
investigation and settlement of the industrial disputes.

General Labour Unlon (Red Flag) vs B. V. Chavan And Ors on 16 November, 1984
 Supreme Court of India expressed "Imposing and continuing a lockout deemed to be illegal
under the Act is an unfair labour practice."

Management Of Kairbetta ... vs Rajamanickam And Others on 24 March, 1960

Supreme Court of India court observed as follows;

"Just as a strike is a weapon available to the employees for enforcing their industrial
demands, a lockout is a weapon available to the employer to persuade by a coercive process
the employees to see his point of view and to accept his demands.

When the lockout of the factory is illegal and justified, workers are not entitled to pay
wages by the management, as the principal of 'no work no pay'. The question of illegality or
unjustified of lockout, mainly arises when it has been done without issuing notice in advance to
the workers.

Besides, there must be justified reasons by the management to declare lockout of the
factory, which ultimately affect earnings of the workmen and also the management.