Section 22 of Industrial Disputes Act 1947: Prohibition of Strikes and Lock-outs
Section 22 of the Industrial Disputes Act, 1947 imposes special restrictions on strikes and lock-outs in public utility services. It regulates advance notice, waiting periods, the date specified in the notice, conciliation proceedings and reporting of notices.
Section 22 - Statutory text
22. Prohibition of strikes and lock-outs.
(1) No person employed in a public utility service shall go on strike in breach of contract:
(a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
(2) No employer carrying on any public utility service shall lock-out any of his workmen:
(a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.
(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day.
Section 22 notice periods at a glance
| Requirement | Strike in public utility service | Lock-out in public utility service |
|---|---|---|
| Advance notice | Notice must be given within six weeks before striking. | Notice must be given within six weeks before locking-out. |
| Minimum waiting period | No strike within fourteen days of giving notice. | No lock-out within fourteen days of giving notice. |
| Date stated in notice | No strike before expiry of the date specified in the notice. | No lock-out before expiry of the date specified in the notice. |
| Conciliation | Prohibited during conciliation before a conciliation officer and for seven days after conclusion. | Prohibited during conciliation before a conciliation officer and for seven days after conclusion. |
What is a public utility service?
Section 2(n) of the Industrial Disputes Act defines "public utility service". The definition covers specified services and industries, including railway service and certain transport, postal, telegraph or telephone services, services supplying power, light or water to the public, systems of public conservancy or sanitation, and industries specified in the First Schedule that the appropriate Government may declare to be public utility services in accordance with the Act.
Meaning of strike and lock-out
Strike: Section 2(q) defines "strike" as a cessation of work by a body of persons employed in an industry acting in combination, or a concerted refusal, or refusal under a common understanding, of persons who are or have been so employed to continue to work or to accept employment.
Lock-out: Section 2(l) defines "lock-out" as the temporary closing of a place of employment, suspension of work, or refusal by an employer to continue to employ any number of persons employed by him.
Conciliation and Section 20
Section 22 links the restriction on strikes and lock-outs to the pendency and conclusion of conciliation proceedings. Section 20 determines when conciliation proceedings are deemed to commence and conclude. In a public utility service, Section 22 additionally preserves a seven-day cooling-off period after the conclusion of conciliation.
Existing strike or lock-out - Section 22(3)
Where a strike or lock-out is already in existence in the public utility service, the notice contemplated by Section 22 is not necessary in the situation covered by sub-section (3). The employer must, however, send the statutory intimation on the day the lock-out or strike is declared to the authority specified by the appropriate Government.
Reporting notices - Section 22(6)
Where an employer receives strike notices under sub-section (1), or gives lock-out notices under sub-section (2), the employer must report within five days to the appropriate Government or prescribed authority the number of such notices received or given on that day.
Relationship with Sections 23 and 24
Section 22 contains special restrictions for public utility services. Section 23 contains general prohibitions on strikes and lock-outs during specified proceedings and periods, while Section 24 addresses when strikes and lock-outs are illegal. These provisions should therefore be read together when determining the legal status of industrial action.
Official legal sources
For authoritative statutory material, refer to the official Industrial Disputes Act, 1947 on India Code and the Ministry of Labour and Employment Acts and Policies portal.