Assignment of: Labour code I Topic: Strikes and Lockouts - How effective

they are as weapons of collective bargaining

ICFAI LAW SCHOOL,

THE ICFAI UNIVERSITY, DEHRADUN
_____________________________________________________________________________________________________________________

A ASSIGNMENT ON-
STRIKES AND LOCKOUTS – HOW EFFECTIVE THEY ARE AS
WEAPONS OF COLLECTIVE BARGAINING.
_____________________________________________________________________________________

SUBMITTED TO: Mr. SUSANTA KUMAR SHADANGI SIR

FACULTY OF LABOUR CODE I
_____________________________________________________________________________________

SUBMITTED BY: DAVINDER SINGH

ENROLLMENT NO: 21FLICDDN02176
_____________________________________________________________________________________

SUBMISSION DATE: 10/11/2023

_____________________________________________________________________________________

SIGNATURE OF STUDENT –
SIGNATURE OF FACULTY-
_____________________________________________________________________________________

1
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Table Of Contents

 Acknowledgement……………………………………………………3
 List of Abbreviations…………………………………………………4
 Object and methodology……………………………………………...5
 Introduction…………………………………………………………...6
 Strikes…………………………………………………………………7
 Ingredients of a strike…………………………………………………7
 Types of strike………………………………………………..…8 to 10
 Why do workman strike……………………………………………...11
 What happens during a strike………………………………………...11
 Case laws………………………………………….……………12 to 13
 Lockout……………………………………………………………….14
 Explanation of a lockout…………………………………….…14 to 16
 Case laws……………………………………………………………..17
 Conclusion……………………………………………………………18

2
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Acknowledgement

I would like to express my heartfelt gratitude to my Labour Code I, instructor,

Mr. Susanta Kumar Shadandi , sir, for providing me with the wonderful
opportunity to complete a wonderful Assignment on the topic “Strikes and
Lockouts - How effective they are as weapons of collective bargaining” which
also taught me many new things. I am extremely grateful to her.

Second, I'd like to thank my parents and all of my friends for their assistance
in completing this endeavour within the time constraints.

It aided me in expanding my information and skills.

Finally, I'd like to thank all of my supporters for inspiring me to complete their
endeavour ahead of schedule.

Thank you all once more.

3
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

LIST OF ABBREVIATIONS

 H.C . HIGH COURT

 S.C. SUPREME COURT

 A.I.R. ALL INDIA REPORTS

 Hon’ble HONOURABLE

 Vs. VERSUS

 Sec. SECTION

 Vol. VOLUME

 Ors. OTHERS

 SCC. SUPREME COURT CASES

4
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Object and Methodology

The goal of the assignment is to gain a thorough grasp of the research

methodology used to gather information for a paper. Research is a process that
adheres to a set of rules so that the researcher can carry out the process in an
orderly and efficient manner. A brief summary of the case studies that have
been given is presented in the first session. The analysis of the

literature that is reviewed in the studies is done using a standard research

methodology that includes research goals and research questions.

The selection of the sample size and the analysis of the research methods are
also covered in depth. Understanding these ideas will make it easier to perform
research studies in the future.

5
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

INTRODUCTION

Strikes and lockouts are strong weapons within the arms stockpile of collective
haggling, frequently utilized by laborers and bosses to progress their individual
interface. These labor debate serve as instruments to apply weight and use amid
transactions. Strikes, started by representatives, include the transitory cessation of
work, compelling bosses to address grievances or requests. On the other hand,
lockouts, organized by managers, involve the suspension of work and installment to
representatives to pick up concessions from labor unions.Their viability lies in their
capacity to disturb typical commerce operations and compel parties to the haggling
table. Strikes can be capable catalysts for alter, driving bosses to recognize laborer
requests and arrange superior conditions, whereas lockouts can pressurize labor
unions into making concessions. Be that as it may, the viability of these strategies
moreover depends on a few variables, counting the bolster of partners, open
conclusion, and the generally financial climate.

This paper investigates the techniques, triumphs, and impediments of strikes and
lockouts as disobedient of collective bartering, digging into their chronicled affect
and the advancing dynamics of labor relations within the present day period.

6
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Strikes:

A strike could be a stoppage of work started by the refusal of most specialists to perform their
work. A strike is as a rule a result that happens due to grievances that are not tended to by the
manager on a convenient premise. Strikes got to be a well known wonder at the time of the
Mechanical Insurgency when mass specialists got to be imperative in manufacturing plants and
mines. In most countries, strike activities were rapidly made illicit, as bosses comparatively had
more political control than the workers.

The proper to strike by workers or specialists may be a well-recognised apparatus that's accessible
to laborers to arrange with the manager and drive the boss to concur on their requests. In our day
by day lives, exceptionally regularly we see news with respect to specialists going on strikes so
that their requests in respects to their compensation, benefits and working conditions are
acknowledged by their manager.

Ingredients of a strike:

 The strike must be in an establishment that falls under the definition of “industry” as
specified in the Industrial Disputes Act, 1947.
 There should be a relation of employer-employee between the employer and the striking
workmen.
 There should be a stoppage of work by the workmen.

7
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Types of strikes:

1. General strikes:
A common strike may be a far reaching work stoppage in which laborers from different
businesses and divisions join together to challenge against labor conditions, government
approaches, or social treacheries. It ordinarily includes the cessation of work by a considerable
parcel of the workforce, pointing to disturb the typical working of society and draw
consideration to their grievances. Common strikes are frequently utilized as a collective
haggling device to request superior compensation, working conditions, or political changes.
Such activities can have critical financial and political results, as they highlight the control and
solidarity of the labor constrain in interest of their goals.
2. Stay in, Sit Down:
In this type of strike, workers gather at the workplace but do not work or leave the premises.
This situation can become legally complicated when workers refuse to leave the workplace,
essentially squatting there. This can be considered a form of criminal infringement. Strikes,
especially in banks, are sometimes aimed at damaging the bank's reputation in the market.
Prolonged strikes can damage an employer's reputation and even lead to negative incidents .

3. Go-Slow Strike:
A “go-slow” strike includes laborers intentioned abating down the generation prepare whereas
imagining to be locked in in their work. Usually considered a hurtful hone that disappointed
and disappointed laborers may resort to. It can be seen as a frame of untruthfulness since it
comes about in deferred production, reduced yield and regularly causes apparatus to function
at a lower speed, which can be negative to the hardware. In spite of this ponder lull, laborers
are still entitled to their full compensation, benefits and other conditions of benefit that they
would regularly get. Be that as it may, administration does not accomplish the anticipated level
of generation for the compensations they pay in these sorts of strike.
4. Go-speed strike:

8
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

This type of strike are going in Japan. The workers of industries in Japan when put forth. All
the employees will do their work without taking any nest. Even after the working hours are
over they do not go home. They do not even take lunch work. They keep on working to attract
the employer to listen to their demands. The family members of the workers gets worried. The
family members go collectively to complain to the employer to that they should listen to their
grievances.
The raw material up the whole month in the industry gets over with 10 days and there will be
more demand and less supply in the market vendor supply will be more the cost of the product
will come down and the employer will suffer a loss and when it will be accumulated more that
what is required then it will be kept outside the warehouse and it will contact the rain and hence
the nature of the raw material will be destroyed.
Here, employer has to fulfill some demands after employer in order to avoid the future
consequences.
5. Sympathetic Strikes:
Sympathetic strikes are organised to show support for another union that is already on strike
against their management. In these strikes, the workers do not have grievances of their own;
instead, they are expressing solidarity with another union’s cause. However, it’s important to
note that in this kind of strikes, the management is still required to pay salaries to workers who
do not have their own grievances. These strikes are not justified and are also illegal, as they do
not meet all the criteria outlined in section 2(q) of the Industrial Disputes Act of 1947.
6. Hunger Strike:
A hunger strike is a form of protest in which the striking workers refrain from eating and also
stop working. Mahatma Gandhi’s hunger strike, known as ‘satyagrah,’ aimed to achieve noble
goals related to truth. However, hunger strikes by other workers are typically a means to attain
monetary objectives. It’s important to note that individuals participating in a hunger strike may
be liable under section 309 of the Indian Penal Code, which deals with attempted suicide. Not
all strikes lead to penalties, but if the strikers reach a stage where there is a clear risk of suicide,
section 309 may apply.

7. picketing strike
Picketing in labor law is a peaceful protest strategy where striking workers gather near their
workplace or other targeted locations to raise awareness of their grievances. It often involves

9
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

holding signs, distributing information, and engaging with the public, unions, or management
to gain support or negotiate better terms. Picketing serves as a visual and informational
component of a strike.

8. Pen-down strike:
A "Pen-Down Strike" in labor law refers to a form of work stoppage where employees refuse
to perform their duties or use their tools, effectively halting work to demand better working
conditions, wages, or other grievances. This form of industrial action aims to put pressure on
employers by withholding labor and can result in negotiations or legal consequences depending
on local labor laws.

9. Gherao strike:
A "Gherao" strike could be a strategy utilized in labor law, where specialists encompass or limit
administration staff inside the working environment, frequently to press their requests or
grievances. This hone is now and then considered illegal, because it may encroach on the rights
and security of the restricted people. Labor laws shift by ward, and the legitimateness of such
activities depends on nearby controls.

10
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

 Why do workmen strike:

Most strikes are attempted by workers' unions at the time of collective bartering. The most point
of collective bartering is to get an understanding between the workers' union and the boss on the
terms and conditions of business.

Now and then, laborers choose to strike without the mediation or endorsement of a workers' union.
This happens either since the workers' union denies to bolster the reason for a strike because it
appears invalid, or the laborers who are starting a strike are not a portion of a workers' union. Such
strikes are ordinarily considered informal.

Strikes started without getting official endorsement of the workers' union are too known as wildcat
strikes. In numerous countries, wildcat strikes are not considered legitimate and may lead to fines
or punishments for the union individuals who lock in themselves in such sorts of strikes.

 What happens during a strike:

A strike may comprise of the laborers who deny to come to work or walk exterior the plant or
office premises to forbid other laborers from working or conducting any trade with the manager.

It once in a while happens that laborers will take off the work environment, but will not concur to
do their work or to take off the working environment. Typically called a sit-down strike.

11
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Case laws:

1. TISCO Ltd vs Workmen:

The TISCO Ltd vs Laborers case, a point of interest Indian labor debate in 1958, centered on
the legitimateness of cutbacks and the end of specialists by Tata Press and Steel Company
(TISCO). The case eventually set up critical legitimate standards, certifying the correct of
bosses to attempt cutbacks for financial reasons. It too set out strategies for reasonable labor
hones, giving a system for tending to laborer grievances and legitimizing expulsions based on
money related need. This case had a enduring affect on Indian labor law and the rights of both
managers and laborers.

2. Punjab National Bank vs All India Punjab National Bank Employees:

Within the case of Punjab National Bank vs All India Punjab National Bank Employees'
Union, the debate included the classification of certain representatives beneath clerical or
sub-clerical categories. The choice had noteworthy suggestions for the rights and benefits of
the influenced laborers. The lawful procedures brought about in a assurance with respect to
the correct classification and privileges of these workers, setting a point of reference for labor
relations and the reasonable treatment of specialists inside the Punjab National Bank.

3. B.R. Singh vs Union of India:

Within the case of B.R. Singh vs. Union of India, the Incomparable Court of India in 1982
tended to the issue of government employees' essential right to life and individual freedom
beneath Article 21 of the Indian Structure. The court ruled that the government's self-
assertive rejection of an representative without legitimate request abused their essential
rights. This point of interest choice emphasized the significance of due handle and decency
in authoritative activities and set a point of reference for ensuring the rights of open workers
in India.

12
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

4. North Brook Jute Co. Ltd. vs Workmen:

In the case of North Tolerate Jute Co. Ltd. vs. Laborers, a noteworthy labor debate come to
the Preeminent Court of India in 1960. The case rotated around the management's right to
shut down an mechanical foundation, and whether it was legitimate beneath mechanical laws.
The Supreme Court held that the employer's choice to shut a manufacturing plant was genuine
in case it was for a sensible cause and not planning to victimize workers. This judgment
clarified the legal framework encompassing production line closures, giving direction on
when and how they might be carried out whereas maintaining the rights of laborers.

5. Bank of India v. T.S. Kelavala:

In the case it was noted that labourers, often in a vulnerable position, engage in battles against
powerful management. While industrial legislation acknowledges the right to strike, it also
imposes limitations and conditions for a strike to be legal. Engaging in an illegal strike may
not result in direct disciplinary action, but workers may lose their wages for the duration of the
strike.

13
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Lockout:

A lockout may be a labor debate strategy utilized by managers where they briefly closed
down their work environment or manufacturing plant, anticipating workers from entering the
premises and performing their work. Lockouts are ordinarily utilized as a reaction to labor
strikes or other shapes of labor distress. The objective of a lockout is to put weight on the
representatives and their labor union to concur to the employer's terms and conditions,
regularly related to labor contracts, compensation, benefits, or other work environment
issues. Lockouts can have noteworthy financial and social suggestions, as they disturb
generation and influence the vocations of specialists. They are subject to labor laws and
controls in numerous nations to guarantee reasonable treatment and due handle.

 Explanation of a lockout:

1. Triggering Factors:

The lock is typically activated by one or more of the following:

 Labour disputes:
Labor debate are clashes between specialists and their managers over issues like
compensation, working conditions, or labor rights. These debate regularly lead to strikes,
lockouts, or arrangements to resolve contrasts. Successful communication and collective
bartering can offer assistance avoid or resolve labor debate, guaranteeing a reasonable and
impartial work environment.
 Contract negotiations:
When an existing labor contract is up for reestablishment or renegotiation, and an
understanding cannot be come to between the parties.

14
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

 Economic reasons:
Bosses may utilize lockouts as a implies to oversee labor costs, rebuild operations, or address
budgetary challenges.

2. Legal Framework:
The legitimateness of lockouts shifts by nation and locale. In numerous cases, labor laws and
controls oversee lockouts, setting out necessities for progress take note to workers and unions,
as well as the conditions beneath which lockouts can be started. These lawful systems are
outlined to strike a adjust between employers' rights to secure their interface and employees'
rights to reasonable treatment and work security, guaranteeing that debate are settled inside
built up lawful parameters.

3. Duration:
Lockouts can be either temporary or indefinite, depending on the specific circumstances and
the objectives of the employer. Temporary lockouts are often employed as a tactic to pressure
employees or unions into negotiations or concessions. They are typically used as a strategic
tool to achieve short-term goals, such as reaching a favorable labor agreement. In contrast,
indefinite lockouts indicate a more protracted and serious labor dispute, where the intention
is to keep employees out of the workplace until a more comprehensive resolution is reached.

4. Impact on Employees:
During a lockout, employees are barred from working and typically do not receive their
regular pay. Some employers may offer limited or no compensation during this period. The
financial impact on employees can be significant, leading to strained relations between the
employer and the workforce.

5. Resolution:
Lockouts are regularly settled through arrangements between the boss and representatives or
their agents. These arrangements may include arbiters or authorities, with the objective of

15
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

coming to a unused labor assention that addresses the basic issues. The method regularly
involves compromises on both sides to discover commonly worthy terms and conditions of
business. Once an understanding is come to, the lockout is regularly lifted, and workers are
permitted to return to work, finishing the debate and reestablishing customary operations.

6. Consequences:
Lockouts can have different results, counting harmed labor relations, monetary costs for both
parties, and hurt to the company's notoriety. They can moreover disturb generation and supply
chains, causing delays and wasteful aspects. Furthermore, drawn out lockouts may lead to
representative resolve issues and potential legitimate challenges. Modifying believe and
settling these results regularly requires time, assets, and exertion, making it vital for managers
and workers to carefully consider the suggestions of starting or taking part in a lockout.

16
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Case laws:

1. Shri Ramchandra Spinning Mills vs State of Madras:

"Shri Ramchandra Turning Plants vs State of Madras" could be a legitimate case that
likely included a debate or case between Shri Ramchandra Turning Plants and the state
of Madras, India. Unfortunately, without more specific data, it isn't conceivable to
supply subtle elements almost the case's truths, lawful issues, or results. Lawful cases
are frequently settled through legal choices, settlements, or other legitimate forms, and
their specifics can change broadly.

2. Lord Krishna Sugar Mills Limited Saharanpur vs State of UP:

"Lord Krishna Sugar Mills Limited Saharanpur vs State of UP" is a legal case that
involved a dispute between Lord Krishna Sugar Mills Limited, located in Saharanpur,
and the state of Uttar Pradesh, India. Specific details of the case, including the legal
issues, context, and outcomes, would require access to case records or legal databases.
Such cases often concern matters related to taxation, regulation, contractual disputes,
or other issues. Legal cases like this are typically resolved through court decisions or
settlements.

3. Lakshmi Devi Sugar Mills Limited vs Ram Sarup:

In this case the verdict was that in the case of lockout there is neither alteration to the
prejudice of workmen of the conditions of the service application to them nor a
discharge or punishment whether by dismissal or otherwise.

17
Assignment of: Labour code I Topic: Strikes and Lockouts - How effective
they are as weapons of collective bargaining

Conclusion:

Therefore, we can conclude that strikes and lockouts are effective weapons for both
employers and employees involved in the collective bargaining process, as long as these
weapons are used. legal and ethical. India, in the present context of economic
development programmes, cannot give workers the absolute right to strike or
employers to shut down. Mandatory arbitration as an alternative to collective
bargaining has become permanent.
However, the adoption of mandatory arbitration does not necessarily mean denying the
right to strike or stifling the union movement. If the benefits of laws, agreements and
awards are to benefit individual workers, it is necessary not only to encourage the trade
union movement and broaden its horizons but also to adapt the laws accordingly.
Current laws and judicial decisions lack broad vision.
Indeed, the legal definitions of strikes and lockouts have been worsened by an
interpretation system that lacks a political approach and is overly focused on semantics.

18