INDEX
Strike 5
Definition under Section 2(q) 5
Key Elements of a Strike 6
- Cessation of Work 6
- Concerted Action 6
- Refusal of Work 7
Purpose of Strikes 7
Types of Strikes 8
- General Strike 8
- Token Strike 8
- Stay-in, Sit-down, Tools-down, and Pen-down Strikes 9
- Go-slow Strike 9
- Work-to-rule Strike 9
- Quick or Lightning Strike 10
- Sympathetic Strike 10
- Hunger Strike 10
- Gherao 11
Legal and Illegal Strikes 12
Is Strike a Fundamental Right? 12
Lockouts 13
Definition under Section 2(l) 13
Key Elements of a Lockout 14
- Employer-Initiated Action 14
- Suspension of Employment 14
- Economic Pressure 15
- Prohibition in Certain Industries 15
Purpose of Lockouts 16
Legal and Illegal Lockouts 16
Is Lockout a Fundamental Right? 17
Prohibition of Strikes and Lockouts 18
- Strikes in Public Utility Services (Section 22) 18
- General Prohibition of Strikes and Lockouts (Section 23) 19
- Penalties for Illegal Strikes and Lockouts 19
- Prohibition of Financial Support for Illegal Strikes and Lockouts 20
- Instigation of Illegal Strikes and Lockouts 20
Judicial Interpretations 21
- Tata Iron & Steel Co. Ltd. v. Their Workmen (1972) 21
- The Workers of Delhi Cloth and General Mills Co. Ltd. v. Management (1967) 22
Critical Analysis 23
Suggestions for Strikes and Lockouts 24
- Mandatory Conciliation Before Strikes and Lockouts 24
- Stronger Penalties for Illegal Strikes and Lockouts 24
- Improved Awareness of Legal Provisions 25
- Enhanced Role of Government in Dispute Resolution 25
- Time-Bound Resolution of Disputes 25
Difference Between Strike and Lockout 26
Settlement of Disputes 27
Conclusion 30
Bibliography 31