Section 23 of Industrial Disputes Act 1947 Bare Act & Notes

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Section 23 of Industrial Disputes Act 1947 Bare Act & Notes

Prohibition of strikes and lock-outs

It provides that no person employed in public utility service upon breach of contract shall go on a strike. It provides that such without giving any notice of the strike to the employer within six weeks before striking or within fourteen days of giving such notice. Further, no employer carrying on public utility service shall lock-out any of his workmen without giving them notice of lockout within six weeks before locking out and within fourteen days of giving such notice.  Any such notice shall not be necessary in case the strike/lock-out is already in existence. 

Illustration

A person before going on a strike shall not conduct a strike until the person provides a notice to the employer within six weeks before striking or within fourteen days of giving such notice.

An employee cannot declare a strike in case of breach of contract for which the matter is pending in the conciliation proceeding. And, even after such proceeding is being completed, such a strike cannot be called for seven days after the conclusion of such proceedings.

Case Law

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RAMNAGAR CANE & SUGAR CO. V. JATIN CHALIN, AIR 1960 SC 1012.

It provides that the effect of section 22(1)(d) is clear. If a strike is declared in a public utility service during the pendency of a conciliation proceeding it is illegal. Under the construction of the said provision, if a conciliation proceeding is pending between a union and the employer and it relates to matters concerning all the employees of the employer, the pendency of the said conciliation proceeding would be a bar against all the employees of the employer employed in a public utility service to go on a strike during the pendency of the proceeding, under section 22(1)(d). 


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