Section 26 of the Industrial Disputes Act 1947: Penalty for Illegal Strikes and Lock-outs
Section 26 of the Industrial Disputes Act, 1947 prescribes punishment where a workman commences, continues or otherwise acts in furtherance of an illegal strike, or an employer commences, continues or otherwise acts in furtherance of an illegal lock-out.
Text and meaning of Section 26
Section 26(1) - Illegal strike: A workman who commences, continues or otherwise acts in furtherance of a strike that is illegal under the Act is punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.
Section 26(2) - Illegal lock-out: An employer who commences, continues or otherwise acts in furtherance of a lock-out that is illegal under the Act is punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Section 26 is a penal provision. Its application therefore depends first on whether the strike or lock-out is legally classified as "illegal" under the Industrial Disputes Act. For that question, Section 24 is central and must be read with Sections 22 and 23 and, where applicable, orders made under Section 10(3) or Section 10A(4A).
When is a strike or lock-out illegal under Section 24?
Under Section 24(1), a strike or lock-out is illegal if it is commenced or declared in contravention of Section 22 or Section 23, or if it is continued in contravention of an order made under Section 10(3) or Section 10A(4A).
Section 24(2) protects the continuance of a strike or lock-out that had already lawfully commenced and was in existence when the industrial dispute was referred to the statutory adjudicatory machinery, subject to the conditions stated in that provision. Section 24(3) further 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.
Related provisions governing strikes and lock-outs
Section 22 - Public utility services
Section 22 imposes special restrictions on strikes and lock-outs in public utility services. Among other statutory conditions, it regulates notice and the periods during which a strike or lock-out cannot lawfully be commenced. Whether Section 22 applies depends on the establishment and the statutory definition and notification framework governing public utility services.
Section 23 - General prohibition
Section 23 places general restrictions on strikes and lock-outs during specified conciliation, adjudication and notified arbitration proceedings, and during the statutory periods following those proceedings. It also restricts strikes and lock-outs while a settlement or award is in operation in respect of matters covered by that settlement or award.
Section 25 - Financial aid
Section 25 separately prohibits knowingly spending or applying money in direct furtherance or support of an illegal strike or illegal lock-out. The corresponding punishment is dealt with in Section 28.
Penalty at a glance
| Person and conduct | Maximum imprisonment | Maximum fine | Provision |
|---|---|---|---|
| Workman commencing, continuing or otherwise acting in furtherance of an illegal strike | One month | Rs. 50 | Section 26(1) |
| Employer commencing, continuing or otherwise acting in furtherance of an illegal lock-out | One month | Rs. 1,000 | Section 26(2) |
Key terms
Strike: Section 2(q) defines "strike" broadly as a cessation of work by a body of persons employed in an industry acting in combination, a concerted refusal or a refusal under a common understanding to continue to work or to accept employment, and includes the other conduct expressly covered by the statutory definition.
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.
Workman: Section 2(s) contains the statutory definition of "workman" for the purposes of the Act. The definition covers persons employed in an industry to perform the specified categories of work for hire or reward, subject to the inclusions and exclusions stated in the provision.
Practical legal effect of Section 26
A mere strike or lock-out does not automatically attract Section 26. The prosecution must relate to a strike or lock-out that is illegal under the Act. Accordingly, the relevant notices, dates, nature of the establishment, pendency of conciliation or adjudication, existence of any settlement or award, and any prohibitory order under Section 10(3) or Section 10A(4A) can be material when determining whether Section 26 is attracted.
Sections 27 and 28 deal separately with instigation or incitement of an illegal strike or lock-out and financial aid to an illegal strike or lock-out. Those provisions should be distinguished from the direct participation or employer conduct addressed by Section 26.
Official legal source
For the authoritative statutory text, amendments and official legislative material, refer to the India Code portal and the Ministry of Labour and Employment.
This page is an explanatory legal article. Statutory text, applicable amendments, State amendments and case-specific facts should be checked before relying on the provision in a particular matter.