Section 23 of the Industrial Disputes Act 1947 - General Prohibition of Strikes and Lock-outs
Section 23 of the Industrial Disputes Act, 1947 prescribed a general prohibition against a workman going on strike in breach of contract, and against an employer declaring a lock-out, during specified periods connected with conciliation, adjudication, notified arbitration, and the operation of a settlement or award.
Text and meaning of Section 23
Section 23 was placed in Chapter V of the Industrial Disputes Act, 1947, dealing with strikes and lock-outs. Its purpose was to preserve industrial peace while specified dispute-resolution proceedings were pending and while a binding settlement or award was operating in relation to the matters covered by it.
Section 23 - General prohibition of strikes and lock-outs
No workman employed in an industrial establishment shall go on strike in breach of contract and no employer of such workman shall declare a lock-out:
(a) during the pendency of conciliation proceedings before a Board and for seven days after the conclusion of those proceedings;
(b) during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and for two months after the conclusion of those proceedings;
(bb) during the pendency of arbitration proceedings before an arbitrator and for two months after their conclusion where a notification has been issued under Section 10A(3A); or
(c) during any period in which a settlement or award is in operation, in respect of matters covered by that settlement or award.
When Section 23 prohibited a strike or lock-out
| Proceeding or situation | Prohibited period under Section 23 |
|---|---|
| Conciliation before a Board | During pendency and seven days after conclusion |
| Proceedings before Labour Court, Tribunal or National Tribunal | During pendency and two months after conclusion |
| Arbitration covered by Section 10A(3A) | During pendency and two months after conclusion |
| Settlement or award in operation | During its operation, so far as the proposed strike or lock-out concerns matters covered by it |
Important expressions used in Section 23
Workman
For the period covered by this article, Section 2(s) of the Industrial Disputes Act defined "workman" broadly as a person employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, subject to the statutory inclusions and exclusions contained in that provision.
Strike
Section 2(q) defined "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, by persons who are or have been so employed to continue to work or to accept employment.
Lock-out
Section 2(l) defined "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.
Settlement and award
Section 2(p) dealt with "settlement", while Section 2(b) defined an "award" as an interim or final determination of an industrial dispute or a question relating to it by the statutory adjudicatory bodies, including an arbitration award made under Section 10A.
Section 23 compared with Section 22
Section 22 contained additional restrictions concerning strikes and lock-outs in public utility services, including statutory notice requirements and restrictions connected with conciliation before a conciliation officer. Section 23 was the broader general prohibition applicable to industrial establishments during the specific proceedings and periods stated in that section.
Effect of contravention: Section 24
Section 24 dealt with illegal strikes and lock-outs. A strike or lock-out commenced or declared in contravention of Section 22 or Section 23 was illegal, subject to the qualifications and exceptions contained in Section 24. Accordingly, Sections 22, 23 and 24 were required to be read together when determining whether a particular strike or lock-out was prohibited or illegal.
Arbitration under Section 10A
Clause (bb) of Section 23 applied to arbitration proceedings only where the statutory condition in Section 10A(3A) was satisfied. Section 10A permitted an employer and workmen to refer an existing or apprehended industrial dispute to arbitration by written agreement before the dispute had been referred under Section 10 to a Labour Court, Tribunal or National Tribunal.
Practical scope of Section 23
Section 23 did not impose an unrestricted prohibition on every strike or lock-out at all times. The statutory bar operated during the proceedings and protected periods specifically identified in clauses (a), (b) and (bb), and during the operation of a settlement or award for matters covered by it under clause (c). Whether the provision applied therefore depended on the nature and timing of the proceeding, the parties concerned, and the subject matter of the dispute.
Official statutory source
The official text of the Industrial Disputes Act, 1947, including Sections 2, 10A and 22 to 25, may be consulted on the Government of India's India Code portal. For legal proceedings, the applicable statutory text, amendments, notifications and judicial decisions for the relevant date should be verified.