Strikes & Lock-outs — When Are They Illegal?

A strike is the workers’ ultimate weapon and a lock-out the employer’s — but the IR Code hedges both with strict notice and timing rules.

Strike vs Lock-out

	Strike	Lock-out
Who acts	Workers collectively stop work	Employer closes/suspends operations
Section	S.2(zn) IR Code	S.2(w) IR Code
Purpose	Pressure the employer on demands	Coerce workers into accepting terms
Legality	Legal if notice given and no prohibition	Legal if in response to an illegal strike or threat

When Is a Strike / Lock-out Illegal? — Sec. 62

flowchart TD
    ILL["ILLEGAL under S.62 if…"]:::root
    ILL --> A["Called without 14 days' notice<br/>in a public utility service"]:::no
    ILL --> B["Called during pending conciliation<br/>proceedings"]:::no
    ILL --> C["Called during pendency of proceedings<br/>before the Industrial Tribunal"]:::no
    ILL --> D["Called in breach of a settlement or award"]:::no

    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef no fill:#FFE4E1,stroke:#8B0000,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Key case: Bank of India v. T.S. Kelawala (1990) — workers on an illegal strike are not entitled to wages for the strike period, and the employer may take disciplinary action. A worker participating in an illegal strike is liable under S.89.

✏️ Sample Solved Problem (IRAC Method)

Problem: Workers in a public utility service send a strike notice on Day 1. The employer refers the matter to a Conciliation Officer on Day 3. On Day 10, frustrated at slow progress, the workers strike. The employer says the strike is illegal. Correct?

I — Issue

Whether a strike begun during pending conciliation in a public utility service, on only 10 days’ notice, is illegal under the IR Code.

R — Rule

S.62(1) — in a public utility service no strike may begin without 14 days’ notice and before the notice expires. S.62(2) — no strike during pending conciliation and for 7 days after it concludes. S.89 — participation in an illegal strike attracts disciplinary action.

A — Analysis

Two violations. First, only 10 days’ notice was given (Day 1 to Day 10) — the Code requires 14 in a public utility service. Second, conciliation was pending (from Day 3) when the strike began on Day 10, which S.62(2) expressly prohibits. The employer’s slow pace is irrelevant — the prohibition is absolute.

C — Conclusion

The strike is illegal on both counts. The workers face liability under S.89, and the employer may take disciplinary action and withhold wages for the strike period (Bank of India v. T.S. Kelawala).

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