Q # 2: What do you understand by the term of strike and lockout?
Explain the circumstances under which a strike or lockout
become illegal?
1. Introduction
According to the rules of Punjab Industrial Relation Act 2010, if any industrial dispute arises
between the worker and the company, in this case the temporary work stoppage by the
company is known as lockout and temporary work stoppage by the worker is known as strike.
In strike, the workers stop working in order to compel the company to fulfill their demands,
in lockout company closes working in order to compel the workers to fulfill their
requirements.
2. Relevant provision
Section 40, 41,42,43,44 and 45 of Punjab Industrial Relation Act 2010 deals with strike and
lockouts.
3. Definition of lockout
In case of arising a dispute between the company and the worker, if company closes the work
in order to compel the workers to fulfill their requirements, it is known as lockout.
4. Definition of strike
In case of arising a dispute between the company and the worker, if worker stops the work in
order to compel the company to fulfill their demands, it is known as strike.
5. When strikes and lockouts are illegal
Following are the cases when strikes and lockouts shall be considered as illegal.
1. Against the contract
The strike and the lockout shall be considered as illegal if strike or lockout is done against
the terms and conditions of the contract of employment.
2. Without Service of notice
The strike and the lockout shall be considered as illegal if a notice of the strike or a notice of
the lockout has not been served before the commencement of the strike or lockout.
3. Before expiry of notice period
The strike and lockout shall be considered as illegal if the strike or lockout has been done
before expiry of notice period
4. Pendency of conciliation proceedings
The strike and lockout shall be considered as illegal if the conciliation proceedings are
pending before the conciliation officer in the labour court
6. When lockout can be counted
Following are the conditions in which lockout can be counted
1. Closing the workplace
Lockout can be counted when the area of workplace has been closed temporarily for the
workers due to an industrial dispute.
2. Lockout for few workers
Lockout can be counted when the area of workplace has been closed for few workers of the
company due to an industrial dispute.
3. Company demand
Lockout can be counted when the company has made a demand from the workers to fulfill
and has closed the area of workplace until demand is fulfilled.
7. When strike can be counted
Following are the conditions in which strike can be counted
1. Industrial dispute
Strike can be counted when there is an industrial dispute between the company and
workers.
2. Stoppage of work
Strike can be counted when the working has been stopped by the workers due to an
industrial dispute
3. Workers demand
Strike can be counted when the workers have made a demand from the company to fulfill
and have stopped working until their demand is fulfilled.
8. Difference between strike and lockout
Following are the differences between strike and lockout. Details are as under.
1. As to nature
In strike, the workers stop working due to industrial dispute
In lockout, the company closes the area of working due industrial dispute
2. As to types
There are multiple types of strikes
There is no type of lockout
3. As to reason
In strike, reason of strike is often economic
In lockout, reason of lockout may be economic or non-economic
4. As to weapon
Strike is a weapon which is used by workers
Lockout is a weapon which is used by company
9. Types of strikes
Following are the different kinds of strikes.
1. General strike
2. Sit-down strike
3. Pen/tool down strike
4. Go slow strike
5. Go speed strike
10. Conclusion
To conclude I can say that according the Punjab Industrial Relation Act, both employers and
employees are entitled to make a strike or make a lockout in order to compel each other to
fulfill their demands. But there are some restrictions have been imposed on strikes and
lockouts which make them illegal in the eyes of law.
