The Industrial

Dispute Act,1947

Submitted by-

Industrial

Dispute, Strik

e

& Lock Outs

Industrial Dispute [Sec. 2. (k)].

It means any dispute or difference between employers and employer, or between employers and workman or between workman and workman which is connected with the employment or the terms of employment or with the conditions of labour of any person.

The definition of ‘industrial dispute’ given above can be divided into the following parts.

1. There must be some difference or dispute.

2. The difference must be between- i. employers and employers; or ii. Employers and workman; or iii. workman and workman.3. The dispute should be connected

with- i. the employment or

unemployment; or ii. The terms of the employment; or iii. The conditions of labour of each

person.

4. The dispute should relate to an ‘industry’ as defined in Section 2(j).

Before an industrial dispute can be

raised, there must be first established the relationship of employers and employees.

A dispute will become an industrial dispute only when it affects the rights of the workman as a class.

Even a single employee’s dispute may become an industrial dispute when it is taken by a union or a sizeable section of the workman.

A workman who has been dismissed is still a workman and a dispute concerning the reinstatement of a dismissed workman is an industrial dispute.

A dispute which arises after an establishment has been closed down, is not an industrial dispute {Pipraich Sugar Mills Ltd. v. Pipraich Sugar Mills Mazdoor Union, AIR 1957 SC 95}.

Strikes And Lock- outs• Strikes and lock-outs are the tools in

the hands of the labour and employer in the process of collective bargaining.

• The act doesn’t intend to take away these rights. However, with a view to achieve the object of the act, namely, peaceful investigation and settlement of disputes, the right of strikes and lock-outs have restricted.

Prohibition of strikes and lock-outs (Section 22)

Sector 22 of the act lays down restrictions on the right of strike and lock-out in public utility services. The employer or the workmen is not restrained from declaring lock-out or from going on strike but it is required of them to fulfill certain conditions.

According to section 22(1) a person employed in a public utility service is prohibited from going on strike in breach of contract-

1. Without giving notice to the employer in the manner prescribed, within six weeks before striking;

2. Within 14 days of such notice- it follows therefrom that the strike can be take place only during the last four weeks of the six weeks;

3. Before the expiry of the date of strike specified in such notice- This would mean that if notice states if the strike is to be commenced on a certain date, it shouldn’t be commenced on that date but on the next day.

• The intention of giving 14 days notice before the strikes can commence is to give to the employer and the govt. reasonable time to explore the possibility of averting the strike and to find out some compromise formula.

• Any strike commenced within the commenced period is illegal and such action as permitted under the Act can be against the defaulting workmen.

Section 22(2) prohibits an employer carrying on any public utility service from declaring lock-out-

1. Without giving to the workmen notice of lock out in the prescribed manner within six weeks before locking-out;

2. Within 14 days of such notice. It means lock-outs can take place only during the last four weeks of the period of six weeks mentioned in the preceding clause;

3. Before the expiry of the date of lock-out specified in the notice;

4. During the pendency of any conciliation proceeding before a conciliation officer and seven days thereafter.

• Section 22(3) provides that the required notice of lock outs shall not be necessary when a lock-out is already in existence in public utility service. It is the duty of the employer to send intimation of such lock outs to the specified authority on the day on which the lock-out is declared.

• Sub section (4) and (5) provide that the notice of strike or lock-out, as the case may be, shall be given by such no. of persons in the manner as may be prescribed.

• On receipt of notice for strikes the employer is required to report within five days, information as regards notices received or given to the appropriate govt. Or to the prescribed authority.

General prohibition of strikes or lock outs (Section 23)

This section provides for a general prohibition against strikes & lock-out in all industries including public utility services in the following circumstances:

a) During the pendency of proceeding before a labour court, tribunal, national tribunal, arbitrator & two months after the proceeding;

b) During the pendency of proceeding before a board of conciliation and seven days after the conclusion of the processing;

c) In breach of a contract.

• Section 23 seems to be that the proceedings before board of conciliation, labour court, tribunal etc. should be carried in such an atmosphere of peace and cooperation.

• A strike or lock-outs commenced or declared against the provisions of Section 23 is illegal. when the workmen go on strike during the pendency of an industrial dispute before the industrial tribunal, the strike would be illegal on the part of section 23 of the Industrial Dispute Act,1947.

Illegal strikes and lock-outs (Section 24)

A strike or lock-out shall be illegal if it is-

1. Commenced in contravention of section 22 in a public utility service; or

2. Commenced in contravention of section 23 in any industrial establishment;

3. Continued in contravention of an order under section 10(3); or

4. Continued in contravention of an order made under section 10-A(4-A).

Section 10(3) provides that where an industrial dispute is referred and an order prohibiting any strikes has been made by appropriate govt. the strike shall be illegal if it is continued after the order has been made.

A strike or lock-out shall not be regarded illegal if-

1. It is at its commencement not in violation of the provision of the Act; or

2. Its continuance has not be prohibited by the appropriate govt. under section 10(3) or section 10-A(4-A); or

3. A lock-out is declared in consequence of an illegal strike in consequence of an illegal lock-out.

• Every strike in India is not illegal, because the workers enjoy a fundamental right to go on strike.

• They become illegal only if they fall within the mischief of section 24 of the Act. A strike which is not illegal under section 24 can never be treated as illegal under the Act.

• Effect of illegal strike:• When the strike is illegal, the workmen

cannot claim damages for the period during which an illegal strike continues.

• In order to entitle the workmen to wages for the period of strike, the strike should be legal as well as justified.

• Where strike is unjustified and lock-out is justified, the workmen would not be entitled to any wages at all. Similarly if the lock-out is unjustified and strike is justified, the workmen would be entitled to the entire wages for the period of strike or lock-out.

Prohibition of financial aid to illegal strikes and lock-outs(section 25).

Section 25 prohibits any person from knowingly expending any money in direct furtherance of any illegal strike or lock-outs.

Penalty for illegal strikes or lock-outs(sec.26).

In such case the workman shall be punishable with imprisonment which may extend to one month or with fine . In case of illegal lock-out the employer shall be punishable with imprisonment which may extend to one month or with fine which may extend to Rs.1000 or with both.

Penalty for instigation(section 27).

Section 27 provides for penalty for any person who instigates other to take part in an illegal strike or lock-outs who otherwise acts in furtherance of the same. The punishment in such cases is imprisonment for a term which may extend to six months or with fine or both.

Penalty for giving financial aid to illegal strikes or lock-outs(section 28)

Financial aid to illegal strikes or lock outs is prohibited under section 25 of the act. This section makes it an offence. Penalty provided is imprisonment which may extend to six month or with fine.

Thank you…