1) Introduction -
The Strike is a weapon in the armoury of the working class to fight collectively and to pressurize the employer. It is a weapon which is made use of by the labor class to safeguard their interests both economic and cultural. While Lockout is an act of employer. Lock-out means to "to shut or to close" Prior 1860 Lockout was known as "turn off" Lockout is an effective and widely recognized weapon in the hands of employers. It is the antithesis of Strike.
Strike is legitimate and sometimes unavoidable weapon in the hands of labor and may be resorted to for securing demands of workmen to improve their working conditions. But this weapon when misused can lead to penal consequences. Section 24 of the Industrial Dispute Act, 1947 lays down grounds which make the Strike and Lockout illegal.
2) Definition of Strike -
Section 2(q) of the Industrial Dispute Act 1947 defines “Strike” - Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a 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.
3) Definition of Lockout -
Section 2(1) of the Industrial Dispute Act,1947 defines Lockout - “Lock-out” 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.
See also...Lock-out : Meaning Definition and Essentials of Lock-out
4) Grounds of Illegal Strike and Lockout -
Section 24 of the Industrial Dispute Act, 1947 lays down grounds which make the Strike and Lockout illegal which are as follows -
(I) A Strike or lockout shall be illegal if it is commenced or declared in contravention of Section 22 (of the Industrial Dispute Act, 1947) in public utility service. Under the provision of Section 22, a worker as well as the employer is required to serve a valid notice within the period prescribed by the section before a Strike or a lockout, as the case may be, can be illegal or justified under the said Act.
(II) A Strike or Lockout shall be illegal if it is commenced in contravention of Section 23 (of the Industrial Dispute Act, 1947) in any industrial establishment. Under the Provision of Section 23 Strikes and Lockouts are prohibited, in case, the matter under dispute pending before the arbitrator, Board of Conciliation, Labor Court , Labor Tribunal or during any period in which settlement or award is in operation, in respect of any of the matter covered by the settlement or the award.
(III) A Strike or Lockout shall be illegal if it is continued in contravention of an order and by the appropriate government under Section 10(3) or under sub-section 4(a) of Section 10-A of the said Act.
See also
Difference between Strike and Lock-out
Types of Strike
The Strike is a weapon in the armoury of the working class to fight collectively and to pressurize the employer. It is a weapon which is made use of by the labor class to safeguard their interests both economic and cultural. While Lockout is an act of employer. Lock-out means to "to shut or to close" Prior 1860 Lockout was known as "turn off" Lockout is an effective and widely recognized weapon in the hands of employers. It is the antithesis of Strike.
Strike is legitimate and sometimes unavoidable weapon in the hands of labor and may be resorted to for securing demands of workmen to improve their working conditions. But this weapon when misused can lead to penal consequences. Section 24 of the Industrial Dispute Act, 1947 lays down grounds which make the Strike and Lockout illegal.
2) Definition of Strike -
Section 2(q) of the Industrial Dispute Act 1947 defines “Strike” - Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a 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.
3) Definition of Lockout -
Section 2(1) of the Industrial Dispute Act,1947 defines Lockout - “Lock-out” 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.
See also...Lock-out : Meaning Definition and Essentials of Lock-out
4) Grounds of Illegal Strike and Lockout -
Section 24 of the Industrial Dispute Act, 1947 lays down grounds which make the Strike and Lockout illegal which are as follows -
(I) A Strike or lockout shall be illegal if it is commenced or declared in contravention of Section 22 (of the Industrial Dispute Act, 1947) in public utility service. Under the provision of Section 22, a worker as well as the employer is required to serve a valid notice within the period prescribed by the section before a Strike or a lockout, as the case may be, can be illegal or justified under the said Act.
(II) A Strike or Lockout shall be illegal if it is commenced in contravention of Section 23 (of the Industrial Dispute Act, 1947) in any industrial establishment. Under the Provision of Section 23 Strikes and Lockouts are prohibited, in case, the matter under dispute pending before the arbitrator, Board of Conciliation, Labor Court , Labor Tribunal or during any period in which settlement or award is in operation, in respect of any of the matter covered by the settlement or the award.
(III) A Strike or Lockout shall be illegal if it is continued in contravention of an order and by the appropriate government under Section 10(3) or under sub-section 4(a) of Section 10-A of the said Act.
See also
Difference between Strike and Lock-out
Types of Strike
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