STRIKE AND LOCK-OUT

The industrial dispute act, 1947 enacted for investigation & settlement of industrial disputes, to prevent illegal strike & lock-out and to provide relief to workman in case of lay-off & retrenchment.

STRIKE:-

• It defined in sec. 2(q). It means ceasation of work by a body of persons employed in any industry acting in combination.
• It can be defined in another word stoppage of work by a body of workman bring pressure upon the employer.
• A concreted refusal of any no. of persons has been employed in any industry.
• Dispute b/w employer & his workers.
• A refusal under a common understanding of any no. of persons has been employed in any industry.
• Ceasation of work even for half hour amount to a strike.

Essential of strike:

1. Ceasation of work by worker
2. Stoppage must be within common intention.

Kinds of Strike:

1. General strike:

Come together+ common cause+ stay away+ but long period of time.

In this strike labour has need to run factory.

• Token strike:

Come together+ common cause+ stay away+ but short period of time.

• Stay-in-strike:

It is called tools-down-strike & pens-down-strike. It is a strike where workman has problem in duties then they do not work.
Come to the work+ occupy their duty+ but do not work.

• Go- slow:

Come to the work+ occupy their duty+ but they work very slowly.

• Hunger Strike
• Work to rule:

Workers do not observe their duties and not perform rules but it is not strike because there is no stoppage of work at all.

LOCK-OUT:-

It defined in sec. 2(i) of the industrial dispute act, 1947. It is a weapon in the hands of employer shuts down his place of business or pressure upon the employees.

Essential of lock-out:

1. Refusal of er to continued
2. Suspension of work
3. Closure of place of employment

Prohibition of strike & lock-out:

• Section 22 of the act deal with this. This sec. applies strike & lock-out in industries carrying on public utility service.
• It is not absolutely prohibited in this sec. but the certain requirement must be fulfilled by wm.

Right to strike & lock-out:

• Case: Kameshwar vs. State of Bihar, 1962

In the case Supreme Court held that it is not fundamental right, it is statutory right.

• Case: All India Bank Employee Association  Vs. National Industrial Tribunal

It was held that right to go on strike is not included within the ambit of freedom of speech & expression.

General prohibitions of strike & lock-out:

• Section 23 of the act deal with this.
• It apply on both public utility service as well as non-public utility establishments.
• Case: Bharat Petroleum Corp. ltd vs Petroleum Union

Bombay court held that Sec. 22 &23 mandates that no person under these section shall go on strike when proceeding are pending before the authorities.

Penalties for illegal strike & lock-out:-

It deals with the section 26.

Sec. 26(1) two conditions must be fulfilled-

1. A workman must commence, continue or in some other manner act in furtherance of a strike.
2. Such strike must be illegal under the act.

If any workman found guilty participated in illegal strike then he shall be punishable with imprisonment Rs. 50 fine & one month imprisonment.

Sec. 26(2) two conditions must be fulfilled-

1. A workman must commence, continue or in some other manner act in furtherance of a lock-out.
2. Such lock-out must be illegal under the act.

If any workman found guilty participated in illegal lock-out then he shall be punishable with imprisonment Rs. 1000 fine & one month imprisonment.