Strike and lockout in labour law are the actions taken by the employees and employers respectively to fulfil their demands. The strike is the remedy for employees while the lockout is the remedy for the employer of the company or industry. In the struggle between employers and employees, lockout and strikes work as weapons. A strike has an effect on production in the industry whereas a lockout has an effect on the salary of the employees. The law gives room for strike and lockout to be placed in the industry. But both must be peaceful and must fulfil the conditions of the Industrial Dispute Act, of 1947. Here, we will discuss what is strike or lockout, strike and lockout under the Industrial Dispute Act, the definition of strike and lockout, illegal strike and lockout and lockout and strike difference.
Table of Contents
Definition of Strike/ Strike Meaning
Section 2(Q) of the Industrial Dispute Act, of 1947 defines a Strike as ‘Strike is a temporary cessation of the work by the group of the employees of the industry with the same intention to stop the work.
A strike means the refusal of work that is decided by the association of a group of employees or workers. It is done by the workers to get their necessary demands fulfilled by the employer of the company or industry. The strike includes:
- Willingfull suspension of work.
- It is a temporary withdrawal of the workers from the work.
- The workers can do the strike outside or inside of the workplace.
- the common understanding for the suspension of work should be present for the strike.
- it can be continued for any number of days.
- The workers start working when the demands are fulfilled.
The strike can cause a loss to the industry as the workers will not do any kind of work. The production or growth of the industry can take the loss.
Essentials of strike
There are many essentials of strike given under the act which are:
- Cessation of work
- Cessation of work in combination by a group of employed persons in the industry
- The persons should be employed in the industry.
- The refusal of work must be the refusal of common understanding by such persons.
Cessation of work
Cessation of the work in the industry is the essential element for the strike. Cessation of work means the work of the industry has been stopped. Even if the period for the stoppage is only half-hour still it will fall in the definition of a strike if the other requirements of the definition are fulfilled.
Cessation of work in combination by a group of employed persons in the industry
The stoppage of work must be with the common intention of the employees and that too in defiance of the authority of employers.
Buckingham and Carnatic Co. Ltd Vs. their workmen
The Supreme Court held that if the employees do not stay away from work in pursuance of common intention, it will be not recognized as a Strike.
The right to strike is not a fundamental right
In the case of All India Bank Employees Association VS National Industrial Tribunal, it was held by the Court that the right to go on strike is not included in the ambit of freedom of speech and expression which is given under article 19 (1)(A) of the Constitution of India.
T.K. Rangarajan VS Government of Tamil Nadu
The SC delivers the strict decision that Government employees have no legal, fundamental, or equitable right to go on strike even for a just cause.
Types of strike
There are various types of strikes. All the strikes are differing in their mode of action but all the strikes aim to enforce their demands from the employer.
General strike
The general strike is also known as a legal strike. In the general strike, the workmen give prior notice to the employer with the demands that they want to enforce. If the management of the industry fails to fulfil the demand within the given time in the notice, the workers launch a strike after the expiry of the notice.
Sit down strike
In a sit-down strike, all the employees come on time in the industry normally, take their positions in the area in which they regularly work, they simply sit there without doing any kind of work. The object of this strike is to cripple the production of the industry.
Pen down Strike
The pen-down and sit-down strikes are almost the same. The pen-down strike takes place among people with white-collar jobs or the employees who work in the offices. The employees do not touch the pen/tool they use to do their work.
Punjab National Bank Ltd vs. their Workmen on 24 September 1959
It was held in the court that a pen-down stoppage of the work was a strike within section 2(q) of the Industrial Dispute Act, of 1947.
Go slow strike
During this strike, the workmen come to the industry daily, and they do the work also, but the speed of the work is so slow that they are doing nothing productive. The production of the industry will become almost zero even after the working of the workmen.
Sick out strike
It is not a strike, it is just to show the employer what it would be like if the worker went on strike. In this, all workmen take the sick leave on the same day. They have not broken any rules because they just use the leave that was allotted to them.
Economic Strike
When a strike is happening due to economic issues like salary, bonus, working hours and conditions etc, it is called an Economic strike.
Sympathy Strike
When more unions of employees join the strike initiated by another union for support that union is called Sympathy Strike.
Wildcat strike
The type of Wildcat strike happens when workers go on strike without the consent of the union, made for them.
Hunger strike
Hunger strikes occur when the workers go on the strike without taking food/water. It is a very painful type of strike. There was a case when the Kingfisher Airline’s employees went on hunger strike for salary dues for several months.
Common Reasons for Strike
Here is the list of common reasons on which the strike occurs
- Working hours of Industry
- work conditions
- Employment salary, bonus or increments etc
- Layoff and retrenchment
- Timely payment of work
- Minimum wages issues
- Holidays
- PF/ ESI et
Lockouts Definition or what is a lockout?
Section 2(1) of the Industrial Dispute Act 1947 defines Lock- Out
Lock-out means temporary closing of the industry, suspension of work, or the refusal of the work by the employer of the industry to continue employment to any number of workmen employed within the industry.
Essentials of Lock-out
There are two essentials of the Lock-out
1) Closing of the industry
2) Suspension of work
3) Refusal by the employer to continue to employ any number of workmen employed in the industry
Coercion and retaliation are the main elements of the Lock-out that must be used by the employer. The mere suspension of the work accompanied by an intention to retaliate will not amount to a Lock-out.
If the employer of the industry shuts down the work because the raw material, the fuel or any necessary material is not present, it will not amount to Lock-out.
Common Reasons for Lockout
Here is the list of common reasons why the Lockout occurs
- In response to a strike initiated by employees
- disputes between workers and managers
- Changes in the government rules
- Illegal activity is undertaken in the company
Prohibition of strike and lockout
The stopping or cessation of work whether by the workmen or by the employer of the industry is harmful to the production and economy of the society. For this, the Industrial Dispute act is providing some prohibition of strike and lockout.
Prohibition of strikes
The strike is not allowed by the persons employed in public utility services:
- Without giving the 6 weeks prior notice to the employer before striking,
- Within 14 days of giving such notice,
- Before the expiry date of the strike which was given in the notice,
- During the pendency of any proceedings under conciliation,
- Before the seven days of the decision of the conciliation officer.
Prohibition of lock-out
The lock-out shall not allow the employer to carry on any public utility service:
- Without giving the 6 weeks prior notice to the employees before lock-out,
- Within 14 days of giving such notice,
- Before the expiry date of a lock-out which was given in the notice,
- During the pendency of any proceedings under conciliation,
- Before the seven days of the decision of the conciliation officer.
Illegal strikes and lock-out
Section 24 of the act defines illegal strike and lockout that a strike and lock-out is illegal if it is:
- Declared without the prior notice of 6 weeks,
- Declared during the pendency of the conciliation proceeding,
- If it continuously contravention the boundaries of strikes and lockouts
Conditions where the strike and Lock-out are not deemed to be illegal
- The strike or lock-out which is already commenced before the reference of the dispute
- A lock-out declared by the employer as a consequence of an illegal strike
- Strike declared by employees in the consequences of an illegal lock-out
Download- Strikes and Lockouts meaning pdf
Penalties for illegal strikes and lock-out
Various penalties have been given in the act for illegal strikes and illegal lock-outs
Penalty for commencing
a) Imprisonment for one month,
b) Fine up to fifty rupees,
c) Both
Penalty for instigation
a) Imprisonment for 6 months,
b) Fine up to one thousand rupees,
c) Both.
Penalty for giving financial aid
a) Imprisonment for 6 months,
b) Fine up to one thousand rupees,
c) Both
Justified and unjustified strikes
A strike where the strike is legal and the motive or reason behind the strike is realistic, the strike is justified.
Where the strike is commenced by the employees to intimidate the employer is an unjustified strike.
What is the difference between a strike and a lockout?
Difference between strikes and lockouts
We have discussed the meaning of strikes and lockout. now, we will talk about the difference between lockout and strike. Let’s discuss the strike and lockout difference:
| S. No. | STRIKE | LOCK-OUT |
| 1 | It is the weapon of employees against employers to bend the employer to their side. | It is the weapon of the employer against employees to restrict the militant spirits of the workers of the industry. |
| 2 | Cessation of work by employees in the industry to show grievance or to compel the employer to fulfil their demands. | Cessation of work by the employer to accept the terms and conditions decided by the management. |
| 3 | The Strike involves the united withdrawal of the supply of labour at work. | Lockout Involves the withholding of demand for labour. |
| 4 | The reasons are often economic. | Reasons can be economic or non-economic |
| 5 | The strike is of various types. | The lock-out does not have varieties. |
| 6 | The strike is conducted to gain a concession from the employer. | Lock-out is used to enforce the terms of employment during the dispute. |
| 7 | It is a full cessation of work by employees until the fulfilment of their demands. | It is a temporal shutdown by the employer and refusal of employment. |
| 8 | The strike is a union power as it is sported by the labour or union. | The Lockout is the employer’s power to compel the workers to do the work according to their guidelines. |
Conclusion
So, we concluded that strikes and lockouts can be used as weapons or as a remedy to settle disputes arising between employees and employers. These are used when they both failed to solve their disputes with peaceful negotiation. Lockout is usually announced when the workman continues to remain on the strike.
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