34 Strikes and Lock-outs: Statutory Definitions, Prohibitions under Sections 22 to 25 of the ID Act 1947, Illegal Strikes, Wages during Stoppage, the T.K. Rangarajan Case, and the IR Code 2020
34.1 The Sharp End of Industrial Action
A strike and a lock-out are the most visible forms of industrial action — and the most disruptive. The Industrial Disputes Act 1947 does not prohibit either; it regulates them — laying down conditions for legality, prohibitions during conciliation and adjudication, additional restrictions in public utilities, and penalties for illegal action. The Supreme Court has held that there is no fundamental right to strike (T.K. Rangarajan, 2003), and the Industrial Relations Code 2020 has now extended the 14-day notice requirement to all establishments. This chapter covers the framework.
34.2 1 · Statutory Definitions
34.2.1 Strike — Section 2(q)
The ID Act 1947 defines a strike as a cessation of work by a body of persons employed in any industry acting in combination — or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment.
34.2.2 Lock-out — Section 2(l)
A lock-out is the temporary closing of a place of employment, the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.
34.2.3 Three Essential Elements of a Strike
| Element | Description |
|---|---|
| Cessation of work | Workers stop performing their duties |
| Body of persons employed in industry | More than one worker, acting collectively |
| Combination / concerted action | Common understanding to refuse work |
34.2.4 Three Essential Elements of a Lock-out
- Temporary closure or suspension of work.
- Initiated by the employer.
- Aimed at enforcing demands or pressuring workers.
A permanent closure is not a lock-out — it is closure under Section 2(cc).
34.3 2 · Public Utility Service — A Special Category
The ID Act treats certain industries as public utility services because their interruption affects the wider public. Section 2(n) defines public utility service to include:
- Railway service.
- Major ports and docks.
- Section of an industrial establishment whose closure would affect the supply of light, water or power to the public.
- Postal, telegraph or telephone service.
- Industry that supplies power, light or water to the public.
- Public conservancy or sanitation system.
- Any industry the appropriate government declares (by notification, valid for up to six months at a time) to be a public utility service.
34.4 3 · Section 22 — Prohibition of Strikes and Lock-outs in Public Utilities
In a public utility service, no person employed may go on strike — and no employer may declare a lock-out — without first complying with strict notice and waiting-period requirements.
| Condition | Detail |
|---|---|
| Notice | Must be given to the employer (for a strike) or to the workmen (for a lock-out) |
| Time of notice | Within six weeks before the strike / lock-out |
| Minimum waiting period after notice | 14 days |
| Maximum window | Strike / lock-out cannot begin before the expiry of 14 days but must begin within six weeks from the notice |
| During conciliation | Strike / lock-out forbidden while conciliation is pending and for seven days thereafter |
| Reporting | Employer to send report of notice to government within five days |
In a public utility, a strike notice must be given within 6 weeks before the strike, and the strike cannot begin until 14 days after the notice. Both figures are routinely tested.
34.5 4 · Section 23 — General Prohibition (All Establishments)
Section 23 prohibits any strike or lock-out — in any industrial establishment — during certain pendency periods, regardless of whether it is a public utility.
| Period during which strike / lock-out is prohibited | Description |
|---|---|
| During pendency of conciliation proceedings before a Board | And for seven days after the conclusion of such proceedings |
| During pendency of proceedings before a Labour Court, Industrial Tribunal or National Tribunal | And for two months after the conclusion of such proceedings |
| During pendency of arbitration proceedings under Section 10A | And for two months after the conclusion of such proceedings |
| During the period in which a settlement or award is in operation | In respect of any matter covered by the settlement or award |
34.6 5 · Section 24 — Illegal Strikes and Lock-outs
A strike or lock-out is illegal if it is:
- Commenced or continued in contravention of Section 22 (public utility notice requirements).
- Commenced or continued in contravention of Section 23 (general pendency prohibitions).
- Continued in contravention of an order issued under Section 10(3) by the appropriate government prohibiting the continuation of a strike / lock-out in respect of a referred dispute.
A strike or lock-out commenced in consequence of an illegal lock-out / strike is not deemed illegal — workers retain a counter-right when the employer acts illegally first.
34.7 6 · Section 25 — Prohibition of Financial Aid to Illegal Strikes / Lock-outs
No person shall knowingly expend or apply any money in direct furtherance or support of any illegal strike or lock-out. Section 25 deters outsiders (including unions and other parties) from financing illegal action.
34.8 7 · Penalties — Sections 26 to 28
| Section | Offence | Punishment |
|---|---|---|
| Section 26 | Workmen commencing or continuing an illegal strike | Imprisonment up to one month or fine up to Rs 50, or both |
| Section 26 | Employer commencing or continuing an illegal lock-out | Imprisonment up to one month or fine up to Rs 1,000, or both |
| Section 27 | Instigating illegal strike or lock-out | Imprisonment up to six months or fine up to Rs 1,000, or both |
| Section 28 | Giving financial aid to illegal strike / lock-out | Imprisonment up to six months or fine up to Rs 1,000, or both |
The penalties under the original Act are modest; the IR Code 2020 has updated them substantially.
34.9 8 · Wages During Strike and Lock-out
The general rule is no work, no wages — but the rule is qualified by the legality and justification of the action.
| Strike / Lock-out | Wage entitlement |
|---|---|
| Legal and justified strike | Workers entitled to wages for the strike period (in many decided cases) |
| Legal but unjustified strike | Wages generally denied for the period of strike |
| Illegal strike | No wages; possible disciplinary action and Section 26 penalty |
| Legal and justified lock-out | Workers not entitled to wages for the lock-out period |
| Illegal lock-out | Workers entitled to wages for the period of lock-out |
The Supreme Court applied this framework in Bank of India v. T.S. Kelawala (1990) and Crompton Greaves v. Workmen (1978) among others — confirming that the legality and justification of the action together determine the wage outcome.
34.10 9 · Constitutional Position — Is There a “Right to Strike”?
34.10.1 Article 19(1)(c) — Freedom of Association
The Constitution of India guarantees the right to form associations or unions under Article 19(1)(c) — but the Supreme Court has held that this does not include a fundamental right to strike.
34.10.2 Three Landmark Decisions
| Case | Year | Holding |
|---|---|---|
| All India Bank Employees Association v. National Industrial Tribunal | 1962 | Right to form association does not include the right to achieve all objectives, including the right to strike |
| Kameshwar Prasad v. State of Bihar | 1962 | Strike is not a fundamental right; demonstrations may be, subject to reasonable restrictions |
| T.K. Rangarajan v. State of Tamil Nadu | 2003 | Government employees have no legal, moral or statutory right to strike; a wide observation on strikes generally |
In T.K. Rangarajan v. State of Tamil Nadu (2003), a two-judge bench of the Supreme Court ruled that government employees have no fundamental, statutory or moral right to go on strike — and observed more broadly that the right to strike is not constitutionally protected. The case arose from the dismissal of nearly 200,000 Tamil Nadu government employees who went on strike in 2003.
34.10.3 Common-Law Position
For non-government workers, the statutory right to strike exists in a regulated form under the ID Act 1947 and the IR Code 2020 — subject to notice, prohibition and other conditions. The Trade Unions Act 1926 protects union office-bearers and members from criminal-conspiracy and tortious-action liability for peaceful strike activity (Sections 17 and 18).
34.11 10 · Position under the Industrial Relations Code 2020
The IR Code 2020 carries forward the basic strike/lock-out framework with significant changes.
| Change | Detail |
|---|---|
| Universal notice requirement | 14 days’ notice required for strike / lock-out in all industrial establishments — not only public utilities |
| Notice window | Strike / lock-out must begin within 60 days of the notice |
| Prohibition during conciliation | During conciliation and seven days after; during adjudication and sixty days after |
| Prohibition during arbitration | During arbitration and sixty days after |
| Settlement / award period | No strike / lock-out on matters covered |
| Penalties | Substantially enhanced — strikes / lock-outs and instigation now carry higher fines and imprisonment |
The extension of the 14-day notice to all establishments is the most consequential change — it effectively converts spontaneous strikes into illegal action regardless of industry.
34.12 11 · Trends and Recent Judicial Approach
- Decline in strike frequency since 1991, but increase in long-duration strikes / lock-outs in specific sectors.
- Lock-outs have often exceeded strikes in man-days lost post-1991.
- Courts have generally taken a restrictive view of the right to strike, particularly for public-utility and government employees.
- Increased emphasis on conciliation and arbitration as preferable to direct action.
- Emergence of new dispute forms (gig-worker log-offs, social-media mobilisation) that the existing statutory framework was not designed for.
34.13 12 · International Comparison
- ILO Convention 87 (Freedom of Association) and Convention 98 (Right to Organise and Collective Bargaining) treat the right to strike as a corollary of freedom of association — neither has been ratified by India.
- Continental European systems (Germany, France, Italy) recognise a constitutional right to strike with reasonable restrictions.
- US and UK regimes regulate strike rights through detailed labour-relations statutes with extensive procedural requirements.
- Public-sector strike rights are restricted in most countries.
34.14 Practice Questions
A "strike" is defined under which section of the ID Act 1947?
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"Lock-out" is defined under:
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Section 22 of the ID Act 1947 regulates strikes and lock-outs in:
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Under Section 22, a strike notice in a public utility must be:
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Section 23 prohibits a strike during the pendency of adjudication and for how many months thereafter?
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Section 24 of the ID Act 1947 deals with:
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Section 25 of the ID Act 1947 prohibits:
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T.K. Rangarajan v. State of Tamil Nadu (2003) held that:
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The freedom to form associations under the Constitution is guaranteed by:
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Match the section with its content:
| (i) | Section 22 | (a) | Illegal strikes / lock-outs |
| (ii) | Section 23 | (b) | Notice in public utilities |
| (iii) | Section 24 | (c) | Financial aid prohibited |
| (iv) | Section 25 | (d) | General pendency prohibitions |
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Where a lock-out is held to be illegal, workers are typically:
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Under the IR Code 2020, the 14-day strike-notice requirement applies to:
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The principle "no work, no wages" was applied by the Supreme Court in:
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In a public utility, a strike must commence within how many weeks after notice?
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No strike or lock-out is permitted during conciliation before a Board and for how many days after its conclusion?
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All India Bank Employees Association v. National Industrial Tribunal (1962) held that:
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"Public utility service" is defined under which section of the ID Act 1947?
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Section 27 of the ID Act 1947 imposes penalty for:
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Workers' entitlement to wages during a strike depends on:
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ILO Conventions 87 and 98 — central to the right to strike at the international level — have been:
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34.15 Quick Recall
- Strike — Section 2(q); Lock-out — Section 2(l); Public utility — Section 2(n).
- Section 22 — public utility notice: 14 days minimum, within 6 weeks; conciliation + 7 days.
- Section 23 — general prohibition: during conciliation before a Board + 7 days; during adjudication / arbitration + 2 months; during settlement / award period.
- Section 24 — illegal strikes / lock-outs — contravention of 22 or 23 or Section 10(3) order.
- Section 25 — prohibition of financial aid to illegal action.
- Sections 26-28 — penalties (modest in original Act; substantially enhanced under IR Code 2020).
- Wages: legality + justification test. Illegal lock-out = wages payable; illegal strike = no wages + penalty.
- Constitutional position: Article 19(1)(c) guarantees freedom of association — but the Supreme Court has held that the right to strike is not a fundamental right.
- Landmark cases: All India Bank Employees Assn. (1962), Kameshwar Prasad (1962), T.K. Rangarajan v. State of Tamil Nadu (2003).
- Bank of India v. T.S. Kelawala (1990) — “no work, no wages” affirmed.
- IR Code 2020: universal 14-day strike notice in all establishments; notice valid for 60 days; prohibition during conciliation + 7 days; adjudication / arbitration + 60 days; enhanced penalties.
- ILO C-87 and C-98 — not ratified by India.