Strike

 Concerted refusal to work

 Collective Stoppage
 By body of persons employed
 Acting in combination (Trade union)
 To accept employment
 Types
 General
 Sympathetic strike
 Go slow
 Tools down
 Hunger strike
 Work to rule
 Contd..
 All India Bank Employee’s Assn v. National
Industrial Tribunal( 1963 SC): Right to strike is
not a fundamental right
 TK Rangarajan v. Govt of Tamil Nadu(2003)
 Govt servant have no fundamental or equitable
right to go on strike
 Lockout
 By employer

 Temporarily closing down

 Suspension of work

 Refusal by employer to employ any number of persons

Suspension of work must be with the intention; otherwise it will

not amount to lockout(Management of GW Ltd. 1997 )
 Prohibition on Strike or
lockout(22)
 Specific prohibitions

 Public utility services

 No person employed/no employer

 Strike(in breach of contract)/lockout

 Without giving six weeks notice/Within 14 days

 Before the expiry of date mentioned in the notice

 During pendency of conciliation proceedings and 7 days

after that
 Report of notice
 PUS

 By the employer

 If received

 If given

 To app govt.

 Within 5 days
 Exception to report of
notice
 In pus, if strike or lockout has
already commenced, then
requirement of notice of
lockout/strike is waived off by the
legislature on account of 22(8)
 General prohibitions (23)
 On PUS and Non PUS

 During pendency of:

 conciliation proceedings and 7 days thereafter
 proceedings before: Labour Court
/tribunal/National tribunal: 2 months
 Of arbitration : 2 months
 During any period wherein award or settlement
is in operation
 Illegal strike and lockout
 Sec 24

 Declared without prior notice

 During pendency

 Continued in contravention of order of govt. u/10(3):if the

dispute is referred to LC/LT/NT

 Continued in contravention of order of govt. u/10-A(4A):if

the dispute is referred to arbitration
 Protection of refusing
person
 Sec 35: refusal to participate in illegal
strike
 Cant be put at the disadvantageous
postion
 Expelled from the trade union
 Directly or indirectly at any loss on
account of his non participation
 An illegal strike cannot be
justified
 Bank of India v. TS Kelawala (1990)

 Both legal and illegal strike invite deduction of wages

 HMT Limited v. Union (1997)

 Employees not entitled to wages during the strike period

notwithstanding the fact it is justified

 Syndicate bank v. Umesh nayak(1995): SC workmen may claim

wages for strike which is bith legal and justified