Strikes And Lockouts Under The Industrial Dispute Act 1947

Written by: Selvaharinesh, B.A.LL.B (3^rd Year ), Dhana Lakshmi Srinivasan University

Co Authored by: 

Asai Kavin and Naveendrean. B.A.LL.B (3^rd Year ), Dhana Lakshmi Srinivasan University

Abstract

The Industrial Disputes Act, 1947 is central to governing industrial relations in India, especially regarding strikes and lockouts. Strikes defined in Section 2(q) are collective work stoppages by employees to protest issues like pay and working conditions; although legally acknowledged, they are not a fundamental constitutional right and must follow specific procedures to be lawful. Lockouts are employer actions that withhold work or close workplaces to counter strikes and weaken workers’ bargaining strength. The Act prescribes penalties for unlawful strikes and lockouts, but the sanctions often affect employers less severely than workers, raising questions of fairness. Court decisions (for example, in cases such as Tata Iron & Steel Co. Ltd. v. Their Workmen and The Workers of Delhi Cloth and General Mills Co. Ltd. v. Management) stress procedural compliance but also show how these rules can disadvantage workers because of power imbalances. Although the Act aims to balance employer and employee interests, its application has sometimes favoured employers, suggesting a need for reforms to ensure fairer and more equitable outcomes for all parties in industrial disputes.

Keywords:  Industrial Disputes Act, 1947, strikes, lock-outs, collective bargaining, industrial relations, labour law, conciliation proceedings, prohibition of strikes, public utility services,

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Volume 2 | Issue 2