Strikes And Lock-Outs

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Strikes and Lock-outs

Strikes and lock-outs are the two weapons in the hands of workers and employers respectively. Which they can use to press their viewpoints in the process of collective bargaining. The Industrial Disputes Act, 1947 does not grant an unrestricted right of strike or lock-out. Under Section 10 and Section 10 A. The Government has the empowerment to issue an order for prohibiting the continuance of strike or lock-out. Thus, the sections 22 and 23 restrict the commencement of strikes and lock-outs make further provisions.

The General prohibition of strikes and lock-outs:

No employer of any such workman shall declare a lock-out. Also, no workman in breach of contract  who is employed in any industrial establishment shall go on strike:

• Before a Board and seven days the conclusion of such proceedings during the pendency of conciliation proceedings;
• Two months after the conclusion of such proceedings, during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal;
• Also, two months after the conclusion of such proceedings during the pendency of arbitration proceedings before an arbitrator. Thus, where a notification has been issued under sub-section 3 of Section 10; or
• In respect of any of the matters covered by the settlement, during any period in which a settlement or award is in operation or award.

The purpose of above provisions is to ensure a peaceful atmosphere during the pendency of any proceeding before a Conciliation Officer, Labour Court, Tribunal or National Tribunal or Arbitrator under Section 10A.

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