An Analysis of Strikes and Lockouts under Industrial Disputes Act,1947
Abstract:
This article is about an analysis done on strikes and lockouts which is governed under the Industrial Disputes Act, of 1947 under Labor law it provides certain provisions about under what situations strikes and lockouts are prohibited and when they would be considered illegal.
Introduction
Strike and lockout are the tools of collective bargaining. These rights are given to employers and workmen and they are duly recognized by the Industrial Disputes Act, 1947. Chapter V of the act deals with it in industries, factories, companies, etc. The strike tool is used by the labor or workmen whereas the lockout tool is used by the Employer of the Industry. There are certain provisions in the act that deal with strikes and lockouts when they are prohibited and on what basis and when it would be an illegal strike and lockout. Chapter VI of the act deals with the penalties that would be imposed for carrying out an illegal strike or lockout.
Strike means refusal to do work by the employees, labor, or cessation of work by persons employed in any industry. It is defined as U/S 2(q) of the act.
Lockout means the temporary stoppage of work by the employers of the industry as an outcome of an ongoing Industrial or Labor Dispute. It is defined as U/S 2(l) of the act.
In this article, we will be learning about various provisions related to it.
Keywords: strike, lock-out, Industrial Dispute Act, Prohibitions, Penalties.
Prohibition of Strikes and Lockouts
The rights to strikes and lockouts are well recognized by the Industrial Disputes Act, of 1947 but they are prohibited in certain circumstances, and that prohibition is based on public policy. Section 22 provides a prohibition of strike and lockout in Public Utility services because it would affect society so for doing strike and lockout they are required to fulfill certain condition as per this section, Sec 22 (1) for valid strike :
The notice must be sent in the prescribed manner to the employer as hereinafter provided within 6 weeks before striking or
within 14 days of receipt of such notice, or.
before the expiration of the strike date specified in each notice as aforesaid, or
while any conciliation proceedings are pending before the Conciliation Officer and for seven days after the conclusion of such proceedings.
Sec 22 (2) for valid lockout:
Without giving them notice of lock-out hereinafter provided within 6 weeks before locking-out, or
within 14 days of receipt of such notice, or.
before the end of the date of the Lock-out specified in any such notice as aforesaid, or.
while any conciliation proceedings are pending before the Conciliation Officer and for seven days after the conclusion of such proceedings.
Sec 23 gives general prohibitions of strike and lockout would be declared illegal if it is declared during;
Pendency of conciliation proceedings before a Board and 7 days after the conclusion of such proceedings.
Pendency of proceedings before a labor Court, tribunal, or National tribunal and 2 months after the conclusion of such proceedings.
The duration of the hearing before the magistrate is 2 months after the conclusion of such proceedings
whenever a settlement or award is in progress
When Strikes and Lockout will be Illegal
As per Sec 24 of the act, in the following situation, strikes or lockout will be declared illegal when it is commenced in contravention to Sec 22, Sec 23, Sec 10(3), Sec 10-A (4-A)
Sec 10(3) talks about an order passed by the appropriate government for the prohibition of strikes and lockout
Sec 10-A (4-A) order passed by the appropriate government for its prohibition in connection with any dispute that has been referred to arbitration
If a strike is declared in consequence of an illegal lockout or vice versa would also be declared as illegal.
Penalties for illegal strikes and lockouts
As per sec 26 workers doing illegal strikes would be given punishment of imprisonment up to 1 month or with a fine up to Rs 50 or both.
Employers doing illegal lockout would be given punishment of imprisonment up to 1 month or with a fine up to Rs 1000 or both.
Causes of Strikes:
A strike can be done by the employer because of the following reasons:
There is a salary and allowances problem by the company to employees.
Employees are not satisfied with the company policies
Wrongful behaviors towards the employees
Dismissal of workmen
No fixed hours of work and no break for rest
Types of Strikes:
General Strike: this type of strike is done by all members of the union to force the industry for fulfill common demands to all the workers, it is done to crating political pressure on all rather than on one employer.
Sit Down Strike: In this type of strike the employees come to the company but they don’t do any work This means workers don’t become absent they come to the company but they refuse to do any type of work in the company.
Slow Down Strike: In this type of strike workers come to the company they don’t even refuse to do any work but they deliberately slow down the process of production in order to cause loss to the employer, here workers pretend they are working but in reality they do it very slowly.
Reasons for doing Lockout:
disputes or conflicts between employees and employees.
violence, disputes or conflicts between employees and employees.
Illegal strikes, permanent strikes or ongoing labor strikes may result in the closure of factories or businesses.
Factories or businesses may have been shut down due to external environmental violence caused by an unstable government.
Continued or cumulative economic losses within the plant or operations may lead management to elect to close.
Sometimes a company is shut down if it commits any fraudulent or illegal acts.
Unsustainable industrial relations, industrial peace and harmony.
Closed office space is considered a major issue affecting office managers and their employees. Management should constantly monitor employee actions and relationships between employees and employees to avoid conflicts that lead to lockouts.
Prohibition of financial aid to illegal strikes and lockouts
As per Sec 28, any person who knowingly applies any money to support any illegal strike or lock-out shall be punishable with imprisonment for a term which may extend to 6 months or a fine up to 1000 rupees, or with both.
Case Laws:
SG Chemical & Dyes Trading Employee Union v. SG Chemical & Dyes Trading Ltd.& Ors. 1995
In this case, the company sent an application to the registrar of the company without information to 85 workers of the company. Then workers approached the court with complaints that they were not informed and also did not receive their salary for the past two months. The court held that yes this lockout by the company was under Unfair Labor Practice and they should be punished, and the court ordered the company to give the salary of the past two months to employees and also they were liable for unfair labor practices.
General Labor Union (Red flag) Bombay v. B.V. Charan & Ors.1984 SSC
In this case, the company was accused of lockout and unfair labor practices the court was in favor of the employers of the company.
Conclusion
The provisions mentioned in this article are given under the Industrial Disputes Act, of 1947 which describes the procedure that employers and workers need to follow so that strikes and lock-outs are not illegal and should be declared in accordance with the law. Strike and Loclouts only occurs because of the satisfaction of employees and employers respectively they should be avoid in the first place because they are not beneficial for any firms growth. These are just the tools provided to employers and workers for collective bargaining.
References:
Labor Law Bare Act
Author:- Vaishali Samadhia, a Student of Amity University Madhya Pradesh