Page 179 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes 5. When a settlement or award is in operation. (Note that the prohibition here is restricted to
those matters only which are covered by the settlement or award).
Additional restrictions on strikes in public utility services (Section 22).

1. A strike notice must be given to the employer and Conciliation Officer.
2. The strike must not take place for 14 days after the notice has been given.
3. The strike must not take place after six weeks from the notice.
4. The strike must not take place before the day, if any, specified in the strike notice.

5. The strike must not take place during conciliation before a Conciliation Officer and seven
days after the conclusion of such proceedings.

Task Do you think the right of the workers to strike in a fundamental right, as
guaranteed in the constitution of India? Why and why not?
7.7.2 Lock-outs

The employers' right to lockout is subjected to the same restrictions as the workmen's right to
strike. The same rules apply with the same additional restrictions for public utilities. A strike is
not illegal when it is declared because of an illegal lockout.

Section 22 and 23 Compared

(1) Section 22 applies to public utility concerns only. Section 23 is applicable to both public
utility as well as non-public utility concerns.
(2) Section 23 does not prohibit strike or lock-out during the pendency of conciliation
proceeding before a Conciliation Officer, Section 22 does so.
(3) Under Section 22 notice of strike or lock-out is necessary, under Section 23 no such notice
is required.
(4) Both Sections 22 and 23 are applicable to public utility service, but Section 23 applies to
non-public utility services only. Section 22 is not applicable to non-public utility services.
Therefore in case of strike or lock-out in a public utility service prohibitions contained in
Section 22 as well as Section 23 apply. As no notice in case of a non-public utility service is
necessary, a sudden strike is not prohibited under this Act in such concerns.

Illegal Strikes and Lock-outs

According to Section 24 (1) a strike or lock-out shall be illegal if it is:
(1) Commenced or declared in contravention of Section 22 in a public utility service;
(2) Commenced in contravention of Section 23 in any industrial establishment (including
both public utility and non-public utility service);
(3) Continued in contravention of an order made by the Appropriate Government under
Section 10(3) or sub-section (4-A) of Section 10-A of the Act.
Sub-section (2) provides that where a strike or lock-out in pursuance of an industrial dispute has
already commenced and is in existence at the time of reference of the dispute to a Board, an

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