When is a strike considered illegal?

By Ritesh|Updated : September 2nd, 2022

A strike is considered illegal when declared or commenced in contravention of section 22 or 23 or continues in violation of an order made under sub-section (3) of section 101 [or sub-section (4A) of section 10A].

Illegal Strike in India

(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 the sub-section (3) of section 101 [or sub-section (4A) of section 10A].

(2) Where a lockout or strike in an industrial dispute commenced already and is subsisting during the time 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 considered to be unlawful unless the strike or the exclusion was not at the inception inconsistent with the provisions of the Act or its continuation was not restricted by sub-section (3) of section 101 [or sub-section (4A) of section 10A].

(3) A lockout called as a result of an illegal strike or strike called as a result of the illegal lockout is not considered illegal. 1. Ins. by Act 36 of 1964, s. 12 (w.e.f. 19-12-1964). 2. Subs. by Act 36 of 1956, s. 18, for "or the Tribunal" (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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