Illegal strike and lock-out in

public utility services

PINAL KALATHIYA
B M S - 3 ( S E M - 6 TH )
ROLL NO-6
DATE: 11/11/2012
GUIDED BY: MRS. SHILPA BHATT

Content
1.
2.
3.
4.
5.

Introduction
When Would strikes or lockouts be illegal
Illegal strikes and lock-outs (sec-24)
What is public utility services and is significance?
Prohibition of strike and lock-outs in public utility
service (sec-22)
6. Penalty
7. Consequences of illegal strikes / lockouts
8. Example
9. Review of the topic
10. bibliography

Introduction

Lock-out

When Would strikes or lockouts be

illegal
In 'public utility service' [sec-22(1)& (2), 23, 30, 19] when
strike / lockout is commenced :
A)
without giving at lest 14 days notice
B) commenced after 42 days of notice
C) prior to date indicated in the notice
D) during pendency of proceedings before conciliation
officer/board and seven days thereafter
E) during pendency of proceedings before labourcourt /
tribunal / arbitrators and two months thereafter
F) during the period when a settlement or award is in
operation on matters covered

Note :
A strike/lock out legally commenced would become
illegal if continued after government bans it under
section 10(4a) and 24

Illegal strikes and lock-outs (sec24)

1. Strike or lock- out is illegal if:
It is commenced or declared in contravention of sec22 or 23
It is continued in contravention of an order made
under sub-section (3) of section 10 or 4A section 10A

2. Not deemed to be illegal if;

Where a strike or lock-out has already commenced
and is in existence at the time of the reference of
disputes to the board, arbitrator, labor court/
tribunal/national tribunal, provided that such strike
or lock-out was not at its commencement in
contravention of provisions of this ACT or
prohibition of under sec 10(3) or 10A (4A)
3. Not deemed to be illegal if;
A lock-out declared in consequence of an illegal
strike or a strike declared in contravention of an
illegal lock-out.

What is public utility service & its

significance
I) Significance
A) Under section 2(n) of the ID ACT 1947
certain category of industries have been declared
as public utility services.
B) As per sections 22 to 24 more stringent
provisions have
been
prescribed
for
declaring lock outs (by employers)
or
for
organizing strikes (by workmen) in such
industries.

Ii)consequence
A)
non-observance by employers would make the
lock out illegal and make the workmen eligible for
wages for the period of illegal lock out.
B)
non-observance by workmen would make the
strike illegal and make them disentitled for wages for
the strike period.

What is public utility services?

 Categories of industries falling under 'public

utility
service
Section 2(n) declares certain types of industries to
be permanently public utility services and some
others which could be declared as public utilities
for temporary periods of six months at a time.
A) permanent public utility services [sn.2(n)(I TO
v)]

l) Any rail/transport/air services/services in major ports

or docks

Ii)Any section of an industry the working of which is

essential for ensuring safety of workmen
employed.
Iii) Post/telegraph/telephone services
Iv) Industries supplying power/light or water to public
V)

Any system of public conservancy sanitation.

b) Temporary public utility services

I) section
2n(vi)
empowers
the
central/state
governments
to declare any industry listed in
schedule -i of the ID act as public utility services
Ii)Such declarations by the appropriate government is
valid For six months from date of notification in
gazette.
Iii)Government can extend the validity by renewing the
declaration at the end of each six month.

Iv)If the declarations are not renewed such notified

industries would come out of the definition of public
utility.
V)
as per schedule-i, the following categories of
industries could be cleared as public utility for six
monthly spells through a gazette notifications:

Schedule-1

1.

TRANSPORT SERVICES

14.

BANKING

2.

CEMENT

15.

COAL

3.

COTTON TEXTILES

16.

FOOD STUFFS

4.

IRON & STEEL

17.

DEFENCE ESTABLISHMENTS

5.

HOSPITALS & DISPENSARIES

18.

FIRE BRIGADE

6.

GOVERNMENT MINTS

19.

INDIA SECURITY PRESSES

7.

COPPER MINING

20.

IRON ORE MINING

8.

LEAD MINING

21.

ZINC MINING

9.

SERVICE IN ANY OIL FIELD

22.

SERVICE IN URANIUM INDUSTRY

10.

PYRITES MINING INDUSTRY

23.

SECURITY PAPER , MILL,

HOSHANGABAD

11.

SERVICES IN THE BANK

24.

PHOSPHORITE MINING

12.

MAGNESITE MINING

25.

CURRENCY NOTE PRESS

13.

FERTILIZER INDUSTRY

26.

MANUFACTURING, MARKETING &

DISTRIBUTION OF PETROLEUM
PRODUCTS

 Prohibition of strike and lock-outs

in public utility service (sec-22)
Sec-22 provides for following additional safeguards
for the smooth and uninterrupted running of public
utility services and to obviate the possibility of
inconvenience to the general public and society.

Provisions

1. no strike in public utility:

a) Without giving to the employer notice of strike,
within 6 weeks before striking i.e. from the date
of the notice to the date of strike, a period of 6
weeks should not have elapsed;

b) Within 14 days of giving such notice i.e. a period of

14 days must have elapsed from the date of notice to
the date of strike
c) Before the expiring of the date of strike specified in
any such notice as aforesaid i.e., the date specified in
the notice must have expired on the day of striking;
d) During the pendency of any conciliation proceeding
before a conciliation officer and 7 days after the
conclusion of such proceedings.

2. No lock-out in public utility

a) Without notice of lock-out within 6 weeks before lockout
b) Within 14 days of giving such notice.
c) Before the expiring of the date of lock-out specified in
notice.
d) During the pendency of any conciliation proceeding
before a conciliation officer and 7 days after the
conclusion of proceeding.

3. Notice of lock-out or strike under this section shall

not be necessary where there is already in existence a
strike or lockout in public utility service, but the
employer or employee in case of strike shall send
intimation of such lock-out or strike on the day on
which it is declared to authority specified by
appropriate government.
4. Notice of strike (u/s 22 (1) shall be given by such
number of person to such number of persons and in
such manner as may be prescribed.
5. Notice of lock-out(u/s 22(2) shall be given in such
manner as may be presented.

6. Within 5 days of the receipt of notice from any

person employed by him or employer shall report to
the appropriate government or to the prescribed
authority, the number of such notices received or
given on that day.

Strike

lock-out

1. Penalty for illegal lock-outs

An illegal lock-out is punishable for a term extending
to 1 moth or with fine up to Rs. 1000 or with both.
2. penalty for instigation of illegal lock-outs
an illegal lock-out is punishable with imprisonment
for a term which may extend to 6 months or a fine up
to Rs. 1000 or both.

Consequences of illegal strikes /

lockouts
-

On workmen
All workmen no wages
Instigators could be punished/imprisoned under
sections 26, 27, 28.
On employer
Will have to pay wages and can be
punished/imprisoned under sections 26, 27, 28.
On any person
Any person extending financial assistance to further
an illegal strike or lockout would be violating
section 25.

Example of strike in public utility

services

Review of the topic

1.
2.
3.
4.
5.
6.
7.
8.

Introduction
Illegal strikes and lock-outs (sec-24)
When Would strikes or lockouts be illegal
What is public utility services and is
significance?
Prohibition of strike and lock-outs in public
utility service (sec-22)
Penalty
Consequences of illegal strikes / lockouts
Example

Bibliography
1. www.slideshare.net/anshuman82/strikeslockouts
2. Industrial relation
Conceptual & legal framework
By A. M Sharma Himalaya publishing house
3. Industrial jurisprudence and labor legislation
A. M sarma
Himalaya publishing house