Strikes v/s Lock outs

By workmen By employer

Refusal to work or accept employment or Temporary closure

continue employment

Under common understanding or acting in Refusal to continue to employ the persons

concert employed
Section 2q Section 2 (I)
22. PROHIBITION OF STRIKES AND
LOCK-OUTS.
1. No person employed in a public utility service shall go on
strike in breach of contract
(a) without giving 6 weeks notice to the employer, as
hereinafter provided, before the strike; or
(b) within 14 days of giving such notice; or
(c) before the expiry of the date of strike specified in any such
notice as aforesaid; or
(d) during the pendency of any conciliation proceedings
before a conciliation officer and 7 days after the conclusion of
such proceedings.
 Conti…
2. No employer carrying on any public utility service shall
lock-out any of his workmen
(a) without giving them notice of lock-out as hereinafter
provided, within six weeks before locking-out; or
(b) within 14 days of giving such notice; or
(c) before the expiry of the date of lock-out specified in any
such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings
before a conciliation officer and 7 days after the conclusion
of such proceedings.
 Conti…
3. The notice of lock-out or strike under this section shall not
be necessary where there is already in existence a strike or,
as the case may be, lock-out in the public utility service,
but the employer shall send intimation of such lock-out or
strike on the day on which it is declared, to such authority
as may be specified by the appropriate Government either
generally or for a particular area or for a particular class of
public utility services.
4. The notice of strike referred to in sub-section (1) shall be
given by such number of persons to such person or persons
and in such manner as may be prescribed.
5. The notice of lock-out referred to in sub-section (2) shall
be given in such manner as may be prescribed.
 Conti…
6. If on any day an employer receives from any person employed
by him any such notices as are referred to in sub-section
(1) or gives to any person employed by him any such notices as
are referred to in sub-section
(2) he shall within five days thereof report to the appropriate
Government or to such authority as that Government may
prescribe, the number of such notices received or given on
that day.
23. GENERAL PROHIBITION OF
STRIKES AND LOCKOUTS
No workman who is employed in any industrial establishment
shall go on strike in breach of contract and no employer of
any such workman shall declare a lock-out –
(a) during the pendency of conciliation proceedings before
a Board and 7 days after the conclusion of such
proceedings;

(b) during the pendency of proceedings before a Labour

Court, Tribunal or National Tribunal and 2 months after the
conclusion of such proceedings;
 Conti…
(bb) during the pendency of arbitration proceedings before an
arbitrator and two months after the conclusion of such
proceedings, where a notification has been issued under sub-
section (3A) of section 10A; or
(c) during any period in which a settlement or award is in
operation, in respect of any of the matters covered by the
settlement or award.
WHEN WOULD STRIKES OR
LOCKOUTS BE ILLEGAL
In 'PUBLIC UTILITY SERVICE' [22(1)& (2), 23, 30, 19]
WHEN STRIKE / LOCKOUT IS COMMENCED :
a)Without giving atleast 14 days notice 
b) Commenced after 42 days of notice 
c)  Prior to date indicated in the notice
d) During pendency of proceedings before Conciliation
Officer/Board and 7 days thereafter
e)During pendency of proceedings before labour court/
Tribunal/ Arbitrators and 2 months thereafter
f)During the period when a settlement or award is in
operation on matters covered
WHEN WOULD STRIKES OR
LOCKOUTS BE ILLEGAL
IN NON PUBLIC UTILITY SERVICE [23, 20, 19] WHEN
STRIKE OR LOCKOUT IS COMMENCED
a) In breach of contract
b) During pendency of conciliation before a Board and 7 days
thereafter.
c) During pendency of conciliation before labour court/
tribunal/arbitrator and 2 months thereafter
d) During the period on matters covered when a settlement or
award is in operation.
NOTE :
A STRIKE/LOCK OUT LEGALLY COMMENCED
WOULD BECOME ILLEGAL IF CONTINUED AFTER
GOVERNMENT BANS IT UNDER SECTION 10(4A) AND
24
 25. PROHIBITION OF FINANCIAL AID TO
ILLEGAL STRIKES AND LOCK-OUTS

 No person shall knowingly expend or apply any money in

direct furtherance or support of any illegal strike or lock-out.
 26. PENALTY FOR ILLEGAL
STRIKES AND LOCK-OUTS.
1. Any workman who commences, continues or otherwise
acts in furtherance of, a strike which is illegal under this
Act, shall be punishable with imprisonment for a term
which may extend to one month, or with fine which may
extend to 50 rupees, or with both. and Rs 1,000 to
employer can be imposed.
2. Any employer who commences, continues, or otherwise
acts in furtherance of a lock-out which is illegal under this
Act, shall be punishable with imprisonment for a term
which may extend to one month, or with fine which may
extend to one thousand rupees, or with both.
MANNER OF GIVING
STRIKE/LOCKOUT NOTICE
STRIKE [22(4)]
NOTICE SHALL BE GIVEN IN FORM-L.
AS PRESCRIBED UNDER RULE 71 OF CENTRAL
RULE OR CORRESPONDING STATE RULE

LOCKOUT [22(5)].
  NOTICE SHALL BE GIVEN IN FORM-M
AS PRESCRIBED UNDER RULE 72 OF CENTRAL
RULE OR CORRESPONDING STATE RULE.
DUTY OF EMPLOYER ON
RECEIVING / GIVING NOTICE
On giving strike notice or lockout notice [RULES 71, 72,
73, 74 and Sn.22(3), 22(6)] should inform the appropriate
government within 5 days of the receipt of notice [22(6)]
and also forthwith inform the conciliation officer [RULE-
71(2)]. Lockout notice must be displayed on the notice
board at the entrance [RULE-72]. a report on strike or
lockout should be sent in Form N as per section 22(3) rules
73, 74.
CONSEQUENCES OF ILLEGAL
STRIKES / LOCKOUTS
ON WORKMEN
- All workmen No wages
- Instigators could be punished /imprisoned under sections
26, 27, 28.

ON EMPLOYER
- Will have to pay wages and can be punished /imprisoned
under sections 26, 27, 28.

ON ANY PERSON
 - Any person extending financial assistance further an
illegal strike or lockout would be violating section 25.
 25 T. PROHIBITION OF UNFAIR LABOUR PRACTICE

 No employer or workman or a trade union, whether

registered under the Trade Unions Act, 1926 (16 of 1926),
or not, shall commit any unfair labour practice.
25 U. PENALTY FOR COMMITTING
UNFAIR LABOUR PRACTICES
 Any person who commits any unfair labour practice
shall be punishable with imprisonment for a term which
may extend to 6 months or
 With fine, which may extend to 1000 rupees or with
both.
WHAT ARE THE UNFAIR LABOUR
PRACTICES LISTED AGAINST EMPLOYERS ?

  1)Threatening workmen with Discharge / Dismissal/

Lockout for preventing trade union formation.

2) Granting wage increase aimed at preventing Trade Union

formation.
 
3) Financing or Assisting in formation of Employer
Sponsored Unions.
 
4) Tampering with Seniority/Promotion of workmen with a
view to obstruct the growth of particular Union.
 
5) Victimizing workmen for Trade Union activities.
Conti…
6) Replacing regular jobs with contracting workmen with a
view to break a strike.
7) Refuse to implement Settlement/Awards.
8) Continuing with Illegal Lockouts.
9) Indulge in acts of Force/Violence.
10) Exploiting workers by keeping them as Casuals/
Temporaries/ Badlis for long years.
UNFAIR LABOUR PRACTICES LISTED
AGAINST UNIONS/ WORKMEN

1. Supporting/instigating illegal strikes.

2. Forcing workmen to join a union.
3. Picketing/ Obstructing/ Threatening non-striking
workmen.
4. Refusing to participate in collective bargaining.
5. Indulging in GO-SLOW/Squatting.
6. Demonstration at residence of employer.
7. Willful damage of employers property [Sch V(II)]