Section 27 Industrial Disputes Act 1947 - Penalty for Instigation of Illegal Strike or Lock-out
Section 27 of the Industrial Disputes Act, 1947 prescribed punishment for a person who instigated or incited others to participate in, or otherwise acted in furtherance of, a strike or lock-out that was illegal under that Act. The legal framework has since changed with the commencement of the Industrial Relations Code, 2020.
Section 27 of the Industrial Disputes Act 1947
The provision historically dealt specifically with instigation, incitement or furtherance of an illegal strike or illegal lock-out.
Section 27 - Penalty for instigation, etc.
Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Current Provision - Section 86(15) of the Industrial Relations Code 2020
Section 86 is the penalties provision of the Industrial Relations Code, 2020. Sub-section (15) deals with a person who instigates or incites others to participate in, or otherwise acts in furtherance of, a strike or lock-out that is illegal under the Code.
Section 86(15) - Penalty for instigating or inciting an illegal strike or lock-out
Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Code, shall be punishable with fine which shall not be less than ten thousand rupees, but which may extend to fifty thousand rupees or with imprisonment for a term which may extend to one month, or with both.
What Makes a Strike or Lock-out Illegal?
Section 63 of the Industrial Relations Code, 2020 provides the test for an illegal strike or lock-out. Broadly, a strike or lock-out is illegal if it is commenced or declared in contravention of Section 62, or if it is continued in contravention of an order made under Section 42(7).
Section 62 regulates strikes and lock-outs. Among other requirements, it restricts commencement of a strike or lock-out without the prescribed advance notice, within the statutory waiting period after notice, before the date specified in the notice, and during specified conciliation, adjudication, arbitration or settlement periods.
Meaning of Important Expressions
Instigates or incites
In the context of Section 86(15), the provision addresses conduct that encourages, provokes or induces others to participate in an illegal strike or lock-out. Liability under this clause is tied to the strike or lock-out being illegal under the Code.
Acts in furtherance
The provision is not confined to verbal encouragement. It also covers a person who otherwise acts in furtherance of an illegal strike or lock-out. Whether particular conduct falls within the provision depends on the facts and the statutory ingredients of the alleged offence.
Illegal strike or lock-out
The expression must be read with Sections 62 and 63 of the Industrial Relations Code, 2020. A strike or lock-out does not become illegal merely because an industrial dispute exists; illegality depends on the statutory conditions prescribed by the Code.
Old Section 27 and Current Section 86(15) - Key Legal Change
| Provision | Conduct covered | Penalty stated in the provision |
|---|---|---|
| Section 27, Industrial Disputes Act 1947 | Instigating, inciting or otherwise acting in furtherance of an illegal strike or lock-out | Imprisonment up to six months, or fine up to Rs. 1,000, or both |
| Section 86(15), Industrial Relations Code 2020 | Instigating, inciting or otherwise acting in furtherance of an illegal strike or lock-out | Fine from Rs. 10,000 to Rs. 50,000, or imprisonment up to one month, or both |
Related Current Provisions
For a complete reading of the current law, Section 86(15) should be read with Section 62 on strikes and lock-outs, Section 63 on illegal strikes and lock-outs, and Section 64 on financial aid to illegal strikes or lock-outs. Section 86(13) separately provides a penalty for a worker who commences, continues or otherwise acts in furtherance of an illegal strike, while Section 86(14) addresses an employer who commences, continues or otherwise acts in furtherance of an illegal lock-out.
Repeal and Savings
Section 104 of the Industrial Relations Code, 2020 contains repeal and saving provisions concerning the Industrial Disputes Act, 1947, the Trade Unions Act, 1926 and the Industrial Employment (Standing Orders) Act, 1946. The saving provisions are relevant when considering acts already done, rights or liabilities accrued, proceedings, orders and other matters arising under the earlier enactments.
This page provides general statutory information. The applicable provision in a particular dispute may depend on the date of the relevant events, the commencement and saving provisions, the appropriate Government, applicable rules and the facts of the case.