STRIKES AND LOCK– OUTSCentral

Section 63 of The Industrial Relations Code, 2020

(1)A strike or lock-out shall be illegal, if it is---
1. (i)commenced or declared in contravention of section 62; or
2. (ii)continued in contravention of an order made under sub-section (7) of section 42.
(2)Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the filing of the application relating to such industrial dispute in the Tribunal or of the reference of such industrial dispute to an arbitrator or a National Industrial Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Code or the continuance thereof was not prohibited under sub-section (7) of section 42.
(3)A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.

Summary

A strike or lock-out is illegal if it is started or declared in a way that violates any part of Section 62.
It is illegal to continue a strike or lock-out if the government has issued an order to stop it under Section 42(7) during arbitration.
A strike that was already happening when a case was filed in a Tribunal is not illegal, provided it was legal at its start and hasn't been prohibited under Section 42(7).
If an employer starts an illegal lock-out, a strike declared in response to it is not considered illegal.
Likewise, a lock-out declared because of an illegal strike is not deemed illegal.

Practical examples

1A group of workers at a steel plant goes on strike without giving the 60 day notice required by Section 62. This strike is automatically illegal.

2An employer illegally locks out his staff on a Monday. On Tuesday, the workers declare a strike in protest. This strike is legal because it was caused by the employer's illegal lock-out.

FAQ

1. Is every strike without notice illegal?

Yes, if it violates the notice periods or other rules laid out in section 62, it is illegal.

2. Can a strike be legal at the start but become illegal later?

Yes, if the government prohibits the strike during arbitration under section 42(7) and the workers continue it anyway.

3. What if I strike to protest an illegal action by my boss?

A strike declared in consequence of an illegal lock-out is not deemed to be illegal.

Test yourself

Q1.Under Section 63 of The Industrial Relations Code, 2020, what makes a strike illegal?

Q2.Under Section 63 of The Industrial Relations Code, 2020, when is a lock-out not considered illegal?

Q3.Under Section 63 of The Industrial Relations Code, 2020, what happens to a strike that was legal at its start but continues during a Tribunal application?

Q4.Under Section 63 of The Industrial Relations Code, 2020, a strike is illegal if it continues in violation of an order made under which section?

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