CHAPTER VIII: STRIKES AND LOCK-OUTS
Section 62: Prohibition of strikes and lock-outs
This is one of the most critical sections, specifying the situations and timeframes when workers cannot go on strike and when employers cannot impose a lock-out.
Sub-Section (1): Prohibition of Strikes (for Workers)
A person employed in an industrial establishment cannot go on strike, in breach of contract, in any of the following seven circumstances:
- Clause (a) (Notice before Striking): “without giving to the employer notice of strike… within sixty days before striking;”
- Simple English: Workers must give the employer formal notice of their intention to strike, and they must give this notice at least 60 days before the strike actually begins.
- Example: The union decides to strike on October 1st. They must serve the employer with a formal notice no later than August 1st.
- Clause (b) (Waiting Period after Notice): “within fourteen days of giving such notice; or”
- Simple English: After giving the strike notice, the workers must wait a minimum of 14 days before starting the strike.
- Example: A strike notice is given on August 1st. The workers cannot begin the strike until August 15th.
- Clause (c) (Expiry of Specified Date): “before the expiry of the date of strike specified in any such notice; or”
- Simple English: If the notice states a specific start date for the strike, the workers cannot start the strike before that date.
- Example: The union gives notice on August 1st stating the strike will begin on October 1st. They cannot decide on September 1st to start the strike earlier.
- Clause (d) (Conciliation Proceedings): “during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings; or”
- Simple English: A strike is forbidden from the moment conciliation begins until seven days after those proceedings officially end (either by settlement or failure).
- Example: Conciliation proceedings end on Tuesday. The workers are legally forbidden from striking until the following Wednesday.
- Clause (e) (Tribunal/National Tribunal Proceedings): “during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and sixty days, after the conclusion of such proceedings; or”
- Simple English: A strike is forbidden while a case is being heard by a Tribunal and for 60 days after the Tribunal’s proceedings are officially concluded (i.e., when the award becomes enforceable).
- Example: The Tribunal’s final award becomes enforceable on September 1st. The workers cannot strike on the matters covered by the award until October 31st (60 days later).
- Clause (f) (Arbitration Proceedings): “during the pendency of arbitration proceedings before an arbitrator and sixty days after the conclusion of such proceedings…”
- Simple English: Similar to the Tribunal, a strike is forbidden during arbitration and for 60 days after the arbitration proceedings conclude.
- Example: If the employer and workers agree to arbitration, they cannot strike while the arbitrator is hearing the case or for the two months following the final award.
- Clause (g) (Existing Award/Settlement): “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.”
- Simple English: A strike is forbidden on any issue already addressed and covered by a mandatory, active settlement or an enforceable Tribunal award.
- Example: An existing, active settlement mandates a specific bonus structure. The workers cannot strike demanding a higher bonus, as that issue is covered by the current settlement.
Sub-Section (2): Prohibition of Lock-outs (for Employers)
An employer cannot lock-out any of their workers in the exact same seven circumstances and timeframes (Clauses a through g) that prohibit a strike.
- Simple English: The rules and time limits that prevent a strike also equally prevent an employer from imposing a lock-out. The burden of notice and waiting periods is symmetric.
- Example: The management wants to impose a lock-out. Like the union, they must give 60 days’ notice before the intended lock-out date and cannot lock out within 14 days of giving notice.
Sub-Section (3): Exemption from Notice Requirement
- Legal Text: “The notice of strike or lock-out under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out…”
- Simple English: If a strike or lock-out has already started (and is not deemed illegal), the parties do not need to serve the formal 60-day or 14-day notice.
- Legal Text (Intimation): “…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…”
- Simple English: Even when the formal notice is not required (because the stoppage has already begun), the employer must inform the designated government authority on the very day the strike or lock-out is declared.
- Example: Workers suddenly walk out without notice. The employer does not need to serve a 60-day notice, but they must immediately (that same day) inform the State Labour Commissioner that a strike is occurring.
Sub-Section (4) & (5): Manner of Notice
- Legal Text (Strike): “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.”
- Legal Text (Lock-out): “The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.”
- Simple English: The precise details of who gives the notice, who receives it, and the exact format it must take are all defined in specific rules set by the government.
- Example: Government rules mandate that a strike notice must be signed by the Trade Union President and General Secretary and delivered via registered post to the Chief Executive Officer.
Sub-Section (6): Employer’s Reporting Duty
- Legal Text: “If on any day an employer receives from any person employed by him any such notices… or gives to any person employed by him any such notices… he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe and to the conciliation officer, the number of such notices received or given on that day.”
- Simple English: When an employer either sends a lock-out notice or receives a strike notice, they must inform both the appropriate Government authority and the Conciliation Officer within five days of that event, stating how many notices were involved.
- Example: On Monday, the CEO sends 100 lock-out notices to the workers. By Friday of that week, the CEO must inform the Labour Department and the Conciliation Officer that 100 notices were issued.
Section 63: Illegal strikes and lock-outs
This section clearly defines when a strike or lock-out is illegal and outlines exceptions.
Sub-Section (1): Illegal Conditions
A strike or lock-out is illegal in the following two conditions:
- Clause (i) (Contravention of S. 62): “commenced or declared in contravention of section 62; or”
- Simple English: It is illegal if it starts without following any of the mandatory rules (like the notice or waiting periods) set out in Section 62.
- Example: A strike is started 10 days after notice was given (violates the 14-day waiting period). This strike is illegal.
- Clause (ii) (Continuation Order): “continued in contravention of an order made under sub-section (7) of section 42.”
- Simple English: It is illegal if it continues even after the government has issued a formal order to stop it (an order issued when the dispute was referred to arbitration).
- Example: A strike is ongoing. The government refers the dispute to arbitration and issues an order for the strike to cease immediately. If the workers ignore the order and continue the strike, it becomes illegal.
Sub-Section (2): Existing Stoppages at Time of Reference
- Legal Text: “Where a strike or lock-out… has already commenced and is in existence at the time of the filing of the application… or of the reference of such industrial dispute to an arbitrator or a National Industrial 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 Code or the continuance thereof was not prohibited under sub-section (7) of section 42.”
- Simple English: If a strike or lock-out started legally (following all notice rules) and was already happening when the case was referred to a Tribunal or Arbitrator, it is allowed to continue unless the government specifically orders it to stop under Section 42(7).
- Example: A legal strike is underway. The government later refers the dispute to a Tribunal. The strike does not automatically become illegal just because the case is now before the Tribunal, and the workers can continue the strike unless the government issues a specific prohibition order.
Sub-Section (3): Reactionary Stoppages
- Legal Text: “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.”
- Simple English: If one party starts an illegal action (e.g., an illegal strike), the other party’s immediate, corresponding reaction (e.g., a lock-out) will not be treated as illegal.
- Example: The union starts a strike without giving any notice (illegal strike). The employer responds immediately with a defensive lock-out. The employer’s lock-out is not illegal because it was a reaction to the union’s illegal action.
Section 64: Prohibition of financial aid to illegal strikes or lock-outs
This section bans providing money to support illegal actions.
- Legal Text: “No person shall knowingly spend or apply any money in direct furtherance or support of any illegal strike or lock-out.”
- Simple English: It is illegal to intentionally use funds (your own or union funds) to directly help or support any strike or lock-out that has been deemed illegal under this Code.
- Example: A national union chapter decides to send financial aid to local workers who are participating in an ongoing strike that a Tribunal has already declared illegal. This transfer of funds is a punishable offense.
