When is a Strike considered Illegal?
By BYJU'S Exam Prep
Updated on: November 9th, 2023
When a strike is declared, started, or continued in violation of Sections 22, 23, or an order issued pursuant to Subsection (3) of Section 101 [or Subsection (4A) of Section 10A], it is called an illegal strike. A worker who starts continues, or otherwise advances a strike that is prohibited by this Act is subject to a fine of up to fifty rupees, a term of imprisonment up to one month, or both.
Table of content
Illegal Strike Consideration
(1) A lockout or strike is unlawful if –
- declared or commenced in contravention of section 22 or section 23; or
- continues in contravention of an order which is made under sub-section (3) of section 101 [or sub-section (4A) of section 10A].
(2) Where a lockout or strike has already begun and is ongoing when the dispute is referred to the Committee, 1 [Arbitrate,] 2 [Tribunal, Labor Court, or National Tribunal], the continuation of such lockout or strike cannot be deemed unlawful unless the strike or the exclusion was not at the outset inconsistent with the provisions of the Act or its continuation was not prohibited by sub-section (3) of section 101 [or sub-section (3) of section 102] of the Act.
(3) It is not illegal to call a lockout in response to an illegal strike or a strike in response to an illegal lockout. (i) Section 12 of Ins. by Act 36 of 1964 (w.e.f. 19-12-1964). (ii) “Or the Tribunal” is substituted in Act 36 of 1956, Section 18. (w.e.f. 10-3-1957).
Summary:
When is a Strike considered Illegal?
A lockout or strike is considered illegal if declared or commenced in contravention of section 22 or section 23 or continues in contravention of an order under sub-section (3) of section 101 [or sub-section (4A) of section 10A].
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