Industrial relations are founded on cooperation between employers and employees. However, differences relating to wages, service conditions, job security, disciplinary action, or managerial policies often lead to industrial unrest. To assert their demands or protect their interests, workmen may resort to a strike, while employers may respond through a lockout. These are powerful weapons in industrial conflict and, if misused, can severely affect production, public interest, and economic stability.
Recognizing the need to regulate these weapons, the Industrial Disputes Act, 1947 (ID Act) provides statutory definitions of strike and lockout and prescribes conditions under which they become illegal. This essay explains the meaning of strike and lockout, their legal nature, types, and circumstances in which a strike or lockout becomes illegal under Indian labour law.
Meaning and Definition of Strike
Statutory Definition
Section 2(q) of the Industrial Disputes Act, 1947 defines strike as:
“A cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.”
Essential Elements of a Strike
From the definition, the following elements are essential:
- Cessation of Work
There must be a stoppage of work, either complete or partial. - Collective Action
A strike must be a collective act. An individual refusal to work does not amount to a strike. - Concerted Action or Common Understanding
The cessation of work must be due to a common intention among workers. - Employment Relationship
The persons must be employed in an industry.
Nature of Strike
A strike is a legitimate weapon available to workers to enforce their demands. However, it is not an absolute right. Indian courts have held that the right to strike is subject to reasonable restrictions imposed by law in the interest of public order and industrial peace.
Types of Strikes
Indian labour jurisprudence recognizes various forms of strikes, such as:
- General Strike – Involving workers from several industries
- Stay-in Strike – Workers enter the workplace but refuse to work
- Go-slow Strike – Deliberate slowing down of work
- Sympathetic Strike – Workers strike in support of others
- Illegal Strike – Strike conducted in violation of statutory provisions
While the Act does not classify strikes exhaustively, their legality depends on compliance with statutory requirements.
Meaning and Definition of Lockout
Statutory Definition
Section 2(l) of the Industrial Disputes Act, 1947 defines lockout as:
“The temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.”
Essential Elements of Lockout
- Temporary Closure or Suspension of Work
Lockout is usually temporary, not permanent closure. - Employer’s Act
Lockout is initiated by the employer. - Intention to Pressure Workmen
It is used as a weapon to compel workmen to accept employer demands. - Existence of Industrial Dispute
Lockout must be connected with an industrial dispute.
Nature of Lockout
Like strike, lockout is a legitimate managerial weapon but subject to statutory restrictions. Employers cannot use lockout arbitrarily or as an instrument of victimization.
Distinction Between Strike and Lockout
| Basis | Strike | Lockout |
|---|---|---|
| Initiated by | Workmen | Employer |
| Nature | Refusal to work | Refusal to employ |
| Objective | Enforce worker demands | Enforce employer demands |
| Impact | Loss of production | Closure of establishment |
Regulation of Strike and Lockout under the ID Act
The Industrial Disputes Act does not prohibit strikes or lockouts outright, but regulates them to prevent industrial chaos and protect public interest.
The law draws a distinction between:
- Legal strike/lockout
- Illegal strike/lockout
When Does a Strike Become Illegal?
Section 24 of the Industrial Disputes Act deals with illegal strikes.
A strike becomes illegal in the following circumstances:
Strike in Public Utility Services Without Notice
Under Section 22, workmen employed in public utility services (such as transport, water, electricity, hospitals, etc.) shall not go on strike:
- Without giving notice of strike within six weeks
- Within 14 days of giving notice
- Before the expiry of the date mentioned in the notice
- During the pendency of conciliation proceedings and 7 days thereafter
Any strike in violation of these conditions is illegal.
Strike During Pendency of Proceedings
Under Section 23, strikes are prohibited:
- During the pendency of conciliation proceedings before a conciliation officer
- During proceedings before a Labour Court, Tribunal, or National Tribunal
- During the operation of a settlement or award relating to the dispute
A strike commenced or continued during such periods is illegal.
Strike in Violation of Government Order
If the appropriate government issues an order prohibiting strikes under emergency powers, violation of such order makes the strike illegal.
Continuation of Strike Declared Illegal
Even if a strike was initially legal, it becomes illegal if it is continued after it has been declared illegal.
When Does a Lockout Become Illegal?
A lockout becomes illegal under Section 24 in circumstances similar to those applicable to strikes.
Lockout in Public Utility Services Without Notice
Under Section 22, an employer in a public utility service cannot declare a lockout:
- Without giving prior notice
- Within 14 days of giving notice
- During conciliation proceedings and 7 days thereafter
Violation renders the lockout illegal.
Lockout During Pendency of Proceedings
Under Section 23, lockout is illegal if declared:
- During conciliation, adjudication, or arbitration proceedings
- During the operation of an award or settlement
Lockout in Violation of Law or Order
A lockout declared in contravention of statutory provisions or government prohibitory orders is illegal.
Legal Consequences of Illegal Strike or Lockout
Penalties
Under Sections 26 and 27 of the Act:
- Workers participating in illegal strike may face fines or imprisonment
- Employers declaring illegal lockout are also punishable
Loss of Wages
Workmen participating in an illegal strike are generally not entitled to wages for the strike period.
Disciplinary Action
Participation in an illegal strike may justify disciplinary action, subject to principles of natural justice.
Judicial Approach
Indian courts have consistently held:
- Strike and lockout are not fundamental rights
- They must conform to statutory provisions
- Industrial peace is the ultimate goal
The Supreme Court has emphasized that while these weapons are recognized, their misuse undermines industrial harmony and public interest.
Importance of Regulation of Strike and Lockout
The regulation of strike and lockout aims to:
- Maintain industrial peace
- Protect public interest
- Ensure continuity of essential services
- Encourage dispute resolution through lawful means
- Balance employer and worker interests
Constitutional Perspective
The Industrial Disputes Act aligns with:
- Article 19(1)(c) – Right to form associations
- Article 21 – Right to livelihood
- Directive Principles promoting social justice and industrial harmony
Mnemonic to Remember Strike, Lockout & Illegality
“S.T.R.I.K.E – L.O.C.K.O.U.T”
STRIKE
- S – Stoppage of work
- T – Together (collective action)
- R – Refusal to work
- I – Industry related
- K – Know notice rules
- E – Ends when illegal
LOCKOUT
- L – Locking workplace
- O – Owner’s action
- C – Closure temporary
- K – Keep dispute link
- O – Observe notice
- U – Under law limits
- T – Tribunal pendency bars
About Lawgnan
Understanding labour laws like strike and lockout is essential for workmen, employers, trade union leaders, HR professionals, and law students. Wrongful action can lead to serious legal consequences, penalties, and loss of rights. If you are facing issues related to strikes, lockouts, industrial disputes, termination, or labour compliance, timely legal guidance is crucial. Visit lawgana.in to explore expert-written legal resources, case law analysis, and professional assistance in labour and industrial laws. Lawgana helps you stay informed, compliant, and protected while navigating complex employment and industrial relations issues with confidence and clarity.
