- When the strike or lockout in pursuit of an industrial dispute has already begun and exists at the reference time of the conflict to a Board, an arbitrator, a Labour Court, and an Industrial or National Tribunal. The strike or lockout shall therefore not be termed as illegal given that they have not contravened the given statement of this Act
- When a lockout has been initiated as a result of an illegal strike or a strike initiated as a result of an illegal lockout shall not be termed as illegal
Consequences of illegal strikes and lockouts:
- Individuals who continue to run a strike or lockout contrary to the law are subject to punishments and penalties in accordance to the Act. The consequences touch on both employers and employees
- An employee who initiates or continues to run a strike which has been deemed as illegal by the Act is subject to the extent of one-month imprisonment or a fine that may reach up to fifty rupees or both
- An employer who initiates or continues to run a strike which has been deemed as illegal by the Act is subject to the extent of one-month imprisonment or a fine that may reach up to one thousand rupees or both.
According to the Case-law: Man Industrial Corpn. Ltd. vs. IT (1985) they should be no pay for the duration the strike took if the strike is termed to be illegal
Shivam Jha
HR Ignite
(Industrial relation Advisor and professional)
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