Strikes
Strike [Sec. 2 (q)]: Strike means "a cessation of work by a body of persons employed in any industry acting in combination or a concerted 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". Mere stoppage of work does not come within the meaning of strike unless it can be shown that such stoppage of work was a concerted action for the enforcement of an industrial demand.
Procedure of Strikes
According to Sec. 22(1)
Worker should follow the rules mentioned below for doing strike. The rules are as follows
a) Issue of notice of strike is mandatory;
b) The date of strike must be within 6 weeks from the date of issue of strike notice;
c) The day of strike must not be within 14 days from the date of notice;
d) There should be no strike on any day before the date specified in the strike notice;
e) There should be no strike during the pendency of conciliation proceedings and 7 days after the conclusion of said proceedings;
Lockout [Sec. 2(1)]: Lockout 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". Lockout is the antithesis of strike.
It is a weapon of the employer while strike is that of the workers.
Just as strike is a weapon in the hands of the workers for enforcing their industrial demands, lockout is a weapon available to the employer to force the employees to see his points of view and to accept his demands.
The Industrial Dispute Act does not intend to take away these rights.
However, the rights of strikes and lockouts have been restricted to achieve the purpose of the Act, namely peaceful investigation and settlement of the industrial disputes.
Procedure of lockouts According to Sec. 22(1)
Worker should follow the rules mentioned below for doing Lockouts. The rules are as follows
a) Issue of notice of lockout is mandatory;
b) The date of
Procedure of Strikes
According to Sec. 22(1)
Worker should follow the rules mentioned below for doing strike. The rules are as follows
a) Issue of notice of strike is mandatory;
b) The date of strike must be within 6 weeks from the date of issue of strike notice;
c) The day of strike must not be within 14 days from the date of notice;
d) There should be no strike on any day before the date specified in the strike notice;
e) There should be no strike during the pendency of conciliation proceedings and 7 days after the conclusion of said proceedings;
Lockout [Sec. 2(1)]: Lockout 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". Lockout is the antithesis of strike.
It is a weapon of the employer while strike is that of the workers.
Just as strike is a weapon in the hands of the workers for enforcing their industrial demands, lockout is a weapon available to the employer to force the employees to see his points of view and to accept his demands.
The Industrial Dispute Act does not intend to take away these rights.
However, the rights of strikes and lockouts have been restricted to achieve the purpose of the Act, namely peaceful investigation and settlement of the industrial disputes.
Procedure of lockouts According to Sec. 22(1)
Worker should follow the rules mentioned below for doing Lockouts. The rules are as follows
a) Issue of notice of lockout is mandatory;
b) The date of
References: 1. http://jajharkhand.in/judg/sc/pdf/LABOUR%20AND%20SERVICE%20%20LAW/DISENGAGEMENT%20RETRENCHMENT/Guru%20Jambheshwar%20Uni%20thro%20Registrar%20V%20Dharam%20Pal%20-%202007%202%20SCC%20265.pdf 2. Indian Kanoon - http://indiankanoon.org/doc/1129598/ 3. http://judis.nic.in/supremecourt/imgs.aspx 4. http://www.legalserviceindia.com/article/l455-Strikes-and-Lockouts.html