Skip to content
Chheda ConsultantsChheda ConsultantsSince 1972 · Labour law & payroll

Chapter VIII · Industrial Relations Code

Strikes and Lock-Outs

This chapter sets out when workers may not strike and when an employer may not lock out workers: without notice, too soon after notice, while a dispute is before a conciliation officer, a Tribunal or National Industrial Tribunal, or a notified arbitrator (and for a set period afterwards), or on matters a settlement or award already covers. It decides which strikes and lock-outs are illegal, and it bars anyone from knowingly funding an illegal one.

3 sections ~3 min read Official text, PDF pp. 30–31
HR managersFactory ownersIndustrial relations officersTrade union representatives

Key points

  1. 1The notice rules apply to every industrial establishment: workers must give the employer notice before a strike in breach of contract, and the employer must give workers notice before a lock-out. §62
  2. 2Notice must be given within 60 days before the strike or lock-out, and the action cannot start within 14 days of the notice or before the date the notice names. §62
  3. 3No strike or lock-out is allowed while conciliation is pending and for 7 days after it ends, or while Tribunal, National Industrial Tribunal or notified arbitration proceedings are pending and for 60 days after they end. §62
  4. 4While a settlement or award is in operation, no strike or lock-out is allowed on any matter it covers. §62
  5. 5The employer must report the number of strike notices received, or lock-out notices given, on any day to the government (or the authority it names) and the conciliation officer within 5 days. §62
  6. 6A strike or lock-out started in breach of these rules, or continued against a government order under section 42(7), is illegal, and no one may knowingly spend money to directly support it. §63§64

At a glance

60 days before the strike or lock-outNotice must be given withinSection 6214 days after the noticeEarliest start after noticeSection 627 daysBar after conciliation endsSection 6260 daysBar after Tribunal or National Industrial Tribunal proceedings endSection 6260 daysBar after notified arbitration proceedings endSection 625 daysEmployer's deadline to report noticesSection 62
Earlier law:Industrial Disputes Act, 1947
62

Prohibition of strikes and lock-outs

In plain words

Workers may not strike in breach of contract, and an employer may not lock out workers, without notice given within 60 days before, within 14 days of the notice, before the date in the notice, during conciliation (plus 7 days) or Tribunal, National Industrial Tribunal or notified arbitration proceedings (plus 60 days), or on matters covered by a settlement or award in operation.

(1)

No person employed in an industrial establishment shall go on strike, in breach of contract—

(a)

without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or

(b)

within fourteen days of giving such notice; or

(c)

before the expiry of the date of strike specified in any such notice; or

(d)

during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings; or

(e)

during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and sixty days, after the conclusion of such proceedings; or

(f)

during the pendency of arbitration proceedings before an arbitrator and sixty days after the conclusion of such proceedings, where a notification has been issued under sub-section (5) of section 42; or

(g)

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.

(2)

No employer of an industrial establishment shall lock-out any of his workers—

(a)

without giving them notice of lock-out as hereinafter provided, within sixty days before locking-out; or

(b)

within fourteen days of giving such notice; or

(c)

before the expiry of the date of lock-out specified in any such notice as aforesaid; or

(d)

during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings; or

(e)

during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and sixty days, after the conclusion of such proceedings; or

(f)

during the pendency of arbitration proceedings before an arbitrator and sixty days after the conclusion of such proceedings, where a notification has been issued under sub-section (5) of section 42; or

(g)

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.

(3)

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, 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 either generally or for a particular area or for a particular class of services.

(4)

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.

(5)

The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.

(6)

If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), 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.

Source: The Industrial Relations Code, 2020, official gazette copy, page 30
63

Illegal strikes and lock-outs

In plain words

A strike or lock-out is illegal if it starts in breach of section 62 or continues against a government order under section 42(7). One already running when the dispute is filed before a Tribunal or referred to an arbitrator or National Industrial Tribunal does not become illegal just by continuing, as long as it was lawful when it began and its continuance has not been prohibited under section 42(7). A strike or lock-out declared in response to an illegal one is not illegal.

(1)

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

(i)

commenced or declared in contravention of section 62; or

(ii)

continued in contravention of an order made under sub-section (7) of section 42.

(2)

Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the filing of the application relating to such industrial dispute in the Tribunal 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.

(3)

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.

Source: The Industrial Relations Code, 2020, official gazette copy, page 31
64

Prohibition of financial aid to illegal strikes or lock-outs

In plain words

No person may knowingly spend or use money to directly further or support an illegal strike or lock-out.

No person shall knowingly spend or apply any money in direct furtherance or support of any illegal strike or lock-out.

Source: The Industrial Relations Code, 2020, official gazette copy, page 31

What does this mean for your company?

We will tell you, in one call.

Ask on WhatsAppSend an enquiry
Call WhatsApp Enquire