CHAPTER V
STRIKES AND LOCK-OUT
Prohibition of strikes and lock-outs General Prohibitions of strikes and lock-outs Illegal strikes and lock-outs Prohibitions of financial aid to illegal strikes and lock-outs
22. Prohibition of strikes and lock-outs
(1) No person employed in public utility service shall go on strike in breach of contract -
(a) without giving to the employer notice of strike, as hereinafter provide, within six weeks before striking ; or(b) within fourteen 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 seven days after the conciliation of such proceedings.
(2) 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 lock-out ; or
(b) within fourteen 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 an seven days after the conclusion of such proceedings.
(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 is declared, to such authority as may be prescribed by the appropriated 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 member 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.
(6) If on any day an employer receives from any person employed by him any such notice as are referred to in sub-section (1) or gives to any persons employed by him any such notice 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 manner or such notices received or given on that day.
NOTES - Legal fiction created by section 22 does not enlarge the definition of industrial dispute : M/s. Anand Oil Industries V Labour Court, AIR 1979 AP 182 (FB).
23. General prohibition of strikes and lock-outs - No workman who is employed in any industrial establishment shall go strike in breach of contract and no employer of any such workmen shall declare a lock - out -
(a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings ;
(b) during the pendency of proceeding before a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings ;
(bb) during the pendency of arbitration proceedings before an arbitrator and two months after conclusion of such proceedings, where a notification has been issued under sub-section (3-A) of section 10-A ; or
(c) during any period in which a settlement or award is in operation in respect of the matters covered by the settlement or award.
24. Illegal strikes and lock-outs.
(1) A strike or a lock-out shall be illegal if -(i) it is commenced or declared in contravention of section 22 or section 23 ; or
(ii) it is continued in contravention of an order under sub-section (3) of section 10or sub-section (4-A) of section 10-A.
(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, an arbitrator, a Labour Court, Tribunal or National Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal :
Provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or continuance thereof was not prohibition under sub-section (3) of section 10 or under sub-section (4-A) of section 10-A.
(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.
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.
