Understanding Strikes, Lockouts, and Worker Rights under the Industrial Disputes Act

Please help me if any workers' union can go on strike without prior permission from the Labour Office. They have only given 14 days' prior notice to the management and did not seek permission from the labor office. Is this strike valid under labor laws?

Dear Pavani,

You must be aware that the matter of strikes and lockouts is addressed under the Industrial Disputes Act, 1947. A notice of strike is required to be given by the workmen/union in the case of utility services. For more details, you may refer to Chapter V of the Industrial Disputes Act, which deals with strikes and lockouts.

Regards,
R.N. Khola

Dear Pavani,

Any worker or union may not go on strike or stop production without giving notice to the employer earlier. This has been clearly explained in the Industrial Dispute Act in Chapter V, Section 22.

22. Prohibition of strikes and lock-outs -

(1) No person employed in a public utility service shall go on strike, in breach of contract:

(a) without giving the employer notice of the strike, as provided hereinafter, within six weeks 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 as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

(2) No employer carrying on any public utility service shall lock out any of his workmen:

(a) without giving them notice of the lock-out as provided hereinafter, within six weeks 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.

Note: If you have further doubts, please refer to the Industrial Dispute rules.

Regards,

Shan.V

Now, my doubt is before going to a legal strike, workers' union should need permission from the labor court or not.

Dear Pavani,

Whether the strike is legal or illegal is to be decided only by the Labour Court-cum-Industrial Tribunal. Unions do not have to seek permission from the Labour Court to go on strike. The strike may be considered justified or unjustified.

Opinion submitted as requested.

Regards,

R.N. Khola

Dear,

If you are working in the HR department, there is nothing wrong in simply reading the Industrial Disputes Act of 1947. Section 22 of the Act deals with the prohibition of strikes or lockouts in public utility services, while Section 23 deals with the general prohibition of strikes and lockouts.

There is no such thing as a justified strike or unjustified strike; there is only legal or illegal.

KCS Kutty, Chennai