Lockout strikes - Who can lock out? Who can be locked out? - CiteHR
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I need help with the following and will be highlt appreciated if someonecould help me with the question below. Links and attachments are welcome. The question is as follows:
Discuss the definition of a lockout strike under the following headings:
A) Who can lock out?
B) Who can be locked out?
C) Purpose of lock out?
D) Types of dispute for which lock outs may be called?

Your question is a bit tricky indeed. Certainly only employers can declare lock out. There need not be any reason behind the lock out but it should be genuine so as to make the lock out legal. Section 22 (2) of the Industrial Disputes Act says that a PUBLIC UTILITY concern should not declare lockout without giving notices to the workmen who are going to be affected by such lockout. Similarly, it is illegal to lock out if a conciliation is in progress. The same thing applies to strikes by workers also (see section 22(1) of the ID Act)

In fact it will be workmen who are affected by lock out as per the Act because the Act has nothing to do with managers and others who will not come under the purview of the ID Act. Therefore, it will be workers who are locked out.

There may be a number of reasons for lockout. The reason genuine for the employer need not be acceptable to the employees and even the govt. However, withdrawal of licence to run the business, non availability of materials or power or break down may be cited as genuine reasons for a lock out or for which permission by the govt. may be obtained. On the other hand, financial losses cannot be treated as a genuine reason for lockout. But still the companies declare lock out without following the rules applicable.

In case of establishments which are not declared as public utility services nothing referred above will apply. The genuineness of lockout will certainly be decided on case to case only. Still a lockout in continuance of an illegal strike will be deemed as a perfect reason for lockout.

Regards,

Madhu.T.K

Answer of ur question is there in INDUSTRIAL DISPUTE ACT 1947 and MAHARASHTRA RECOGNITION OF TRADE UNION and PREVENTION OF UNFAIR LABOUR PRACTICE ACT 1971(MRTU AND PULP ACT 1971)
Refer sec 2(l) , 22 ,23 ,24 ,25 and schedule fifth of ID Act 1947
and refer sec 24(2) ,sec25 and schedule three of MRTU AND PULP ACT 1971

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