Section 24 of the Industrial Disputes Act 1947 - Illegal Strikes and Lock-outs

Section 24 of the Industrial Disputes Act, 1947 explains when a strike or lock-out becomes illegal, when the continuance of an already existing strike or lock-out is protected from being treated as illegal, and the special rule for a responsive lock-out or strike.

What does Section 24 provide?

Section 24 is part of Chapter V of the Industrial Disputes Act, 1947 dealing with strikes and lock-outs. It has to be read with Sections 22 and 23, which impose statutory restrictions on strikes and lock-outs, and with Sections 10 and 10A concerning orders connected with references and arbitration.

When is a strike or lock-out illegal?

Section 22 - Restrictions in public utility services

Section 22 prescribed special restrictions for strikes and lock-outs in public utility services. Among other things, it regulated notice and prohibited action during specified periods. A strike commenced or lock-out declared in contravention of Section 22 attracted Section 24(1)(i).

Section 23 - General prohibition of strikes and lock-outs

Section 23 imposed general restrictions during specified conciliation, adjudication and notified arbitration proceedings, and during the operation of a settlement or award in respect of matters covered by it. Contravention of Section 23 could therefore make the strike or lock-out illegal under Section 24.

Section 10(3) - Power to prohibit continuance

Under Section 10(3), where an industrial dispute had been referred to a Board, Labour Court, Tribunal or National Tribunal, the appropriate Government could prohibit the continuance of a strike or lock-out connected with that dispute which was in existence on the date of reference. Continuing the strike or lock-out contrary to such an order attracted Section 24(1)(ii).

Section 10A(4A) - Arbitration and prohibition of continuance

Section 10A permitted voluntary reference of an industrial dispute to arbitration. Where the statutory requirements of Section 10A(4A) were satisfied, the appropriate Government could prohibit the continuance of a strike or lock-out connected with the dispute. Continuance contrary to that order was illegal under Section 24(1)(ii).

Existing strike or lock-out at the time of reference

Section 24(2) makes an important distinction between an action that was already lawful when commenced and an action prohibited by the Act. A lawful strike or lock-out did not become illegal merely because the industrial dispute was subsequently referred for adjudication or arbitration. The protection did not apply if the action was unlawful at its commencement or if its continuance had been prohibited under Section 10(3) or Section 10A(4A).

Responsive strike or lock-out under Section 24(3)

Section 24(3) provides that a lock-out declared in consequence of an illegal strike, or a strike declared in consequence of an illegal lock-out, shall not be deemed illegal. The provision therefore creates a specific statutory rule for responsive industrial action. Whether it applies in a particular dispute depends on the facts, chronology and causal connection between the respective actions.

Meaning of strike and lock-out

Strike - Section 2(q)

Section 2(q) defined a "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)

Section 2(l) defined a "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.

Industrial dispute - Section 2(k)

Section 2(k) defined an "industrial dispute" as a dispute or difference between employers and employers, employers and workmen, or workmen and workmen, connected with employment or non-employment, terms of employment, or conditions of labour of any person.

Related Section 25 - Financial aid to illegal action

Section 25 prohibited a person from knowingly expending or applying money in direct furtherance or support of an illegal strike or lock-out. Whether industrial action is illegal under Section 24 can therefore also be relevant when Section 25 is considered.

How Sections 22, 23 and 24 work together

Sections 22 and 23 prescribe substantive restrictions on when strikes and lock-outs may commence or be declared. Section 24 identifies the circumstances in which breach of those restrictions, or disobedience of a prohibitory order under Section 10(3) or Section 10A(4A), results in the strike or lock-out being treated as illegal. The legality of industrial action must therefore be determined by examining the applicable statutory restriction, the timing of the action and any relevant government order.

Official statutory source

The official text of the Industrial Disputes Act, 1947 should be checked for the statutory wording, amendments and footnotes applicable to the relevant date. State amendments, where applicable, should also be verified for disputes governed by a particular State's law.