Table of Contents
- What is a Strike?
- Essential Elements of a Strike
- Types of Strikes
- Prohibition on Strike
- What is a Lockout?
- Lockout vs Layoff
- Lockout vs Retrenchment
- Strike vs Lockout
- Prohibition on Lockout
- General Prohibition
- Illegal Strikes and Lockouts
What is a Strike?
Section 2(q) of the Industrial Disputes Act, 1947 defines a strike as:
“A cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.”
In simple words strike is when workers stop working together to pressure the employer to meet their demands related to employment or workplace issues.
Essential Elements of a Strike
- Cessation of work by a group acting together.
- Refusal to work or accept employment by multiple persons.
- Common understanding among employees to discontinue work.
Types of Strikes
| Type | Description |
|---|---|
| General Strike | It is a kind of strike where the workmen join together for a common cause and stay away from work and deprive the employer from the labour needed to run factory. It is generally for a longer time period. It is done by workmen when they fails to achieve their object by other means. |
| Stay-in Strike (Tools-down / Pen-down) | It is a kind of strike where workers stay on premises but do not work, preventing the employer from hiring replacements. |
| Go-Slow | It is a kind of strike where workmen come to work and do the work but in a very slow speed in order to lower down the production. This strike does not come under section 2(q) of the Industrial disputes act. |
Prohibition on Strike in Public Utility Services
Section 22(1) restricts employees in public utility services from striking:
- Without giving notice within 6 weeks before striking.
- Within 14 days of giving such notice.
- Before the expiry date in the notice.
- During conciliation proceedings and 7 days thereafter.
Case:Mineral Minor’s Union v. Kudremukh Iron Ore Co. Ltd. (ILR 1988 KAR 2878)-In this case it was held that provisions of section 22 are of mandatory nature and if the notice of strike expires, workmen have to give a fresh notice and such notice is also to be comply with the provisions of 22(1). It was also held that deduction of wages for days of illegal strike is justified.
What is a Lockout?
Section 2(l) defines lockout as:
“The temporary closing of a place of employment, suspension of work, or refusal by an employer to continue to employ any number of persons.”
Lockout is the employer’s tool to pressure employees. It is generally the counter to a strike.
Lockout vs Layoff
| Basis | Lockout | Layoff |
|---|---|---|
| Definition | It is an employer-initiated action to coerce employees. | It is an employer’s action due to reasons beyond control. |
| Dispute | Due to an industrial dispute. | Not necessarily due to a dispute. |
| Section | Section 2(l) | Section 2(kkk) |
| Initiated By | Employer | Employer (due to circumstances) |
| Compensation | Not needed if legal | Mandatory by law |
Lockout vs Retrenchment
| Basis | Lockout | Retrenchment |
|---|---|---|
| Time Period | Temporary | Permanent |
| Employment Relationship | Continues | Ends |
| Need of Dispute | Usually required | Not required |
Strike vs Lockout
| Basis | Strike | Lockout |
|---|---|---|
| Meaning | It means a cessation of work by a body of persons employed in any industry acting in combination or a concerned refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment | It 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. |
| By | Employees | Employer |
| Nature | Voluntary | Defensive |
| Legal Provision | Section 2(q) | Section 2(l) |
Prohibition on Lockout in Public Utility Services
Section 22(2) prohibits employers in public utility services from declaring lockouts:
- Without giving notice within 6 weeks.
- Within 14 days of notice.
- Before the expiry date of notice.
- During conciliation proceedings and 7 days after.
General Prohibition on Strikes and Lockouts
Section 23 applies to both public and non-public utility services:
As per section 23, strike and lockout is prohibited during:
- Conciliation proceedings and 7 days after conclusion.
- Labour Court/Tribunal/National Tribunal proceedings and 2 months after proceedings.
- Arbitration proceedings and 2 months after proceedings.
- Any period when a settlement or award is in operation.
Case: Workmen of Motor Industries Co. Ltd. v. Management (AIR 1969 SC 1280)- In this case it was held that where the strike was in connection with a matter not covered under settlement, then the strike cannot be considered as illegal.
Illegal Strikes and Lockouts
Section 24 defines illegal strikes and lockouts:
Declared Illegal If:
- It violates Section 22 or 23.
- It violates an order under Section 10(3).
Not Illegal If:
- It started before referral and was legal initially.
- A lockout due to illegal strike or strike due to illegal lockout is not illegal.
References:
- Industrial Disputes Act, 1947- Bare Act
