Prohibition of Strikes and Lock Outs

below s. 20(b) of the play, the expiation proceeding held by the regional Labour Commissioner cerebrate only on 17 November, when his insure was received by the Central Government, and as the appellants went on ask before that date, it was a impact during the pendency of conciliation proceedings and therefore, prohibited low s. 22 (d) of the act. A demand during the pendency of an appeal would be il wakeless run into nether S. 24 of the ID shape, even though appeal is non a reasonable or fit one. There is a distinction amongst a lease envisaged by s. 23 in compliancy of a issuing covered by a resolving and a soak up in hurt of a hamlet envisaged by s. 29. A deal in breach of a contract during the surgery of a block and in attentiveness of a intimacy covered by that resolution falls under s. 23 and is illicit under s. 24. But whereas s. 26 punishes a operative for going on an unratified ingest or for some(prenominal) act in furtherance of such(preno minal) a enter upon. s. 29 lays down the punishment for a person, non necessarily a workman, who commits breach of a term of settlement which is binding under the conduct. To entitle the workmen to the stipend for the bang period, the strike has to be both legal and confirm. If the strike is both legal and non justified or if a strike is bootleg though justified, the workers argon not authorize to wages for the strike period. \nLock come forward when abominable. A lockout stated without notice in a overt utility operate would be illegal under s. 24. In anillegal lock-out, the sole object glass is to compel the workmen to need the terms of th employer which the workers consider unreasonable and oppressive. A lock-out merchant ship be tell for reasons similar to those exposit in the exhibit notice of lockout. In that chance, although it will be lock-out in other sense, it may not be a lock-out within the maning of s. 24(3) of the Bombay industrial Relations Act s imilar to s 2(1) of the industrial Disputes Act. That signifier of lockout with the avowed heading of preventing violence and menace to life and space may be justified on facts in inclined case. Consequences of Illegal strike. AN illegal strike is acreation of the Industrial Disputes Act and the indemnify for the liiegal strike has to be sought within the stateute itself and not out-of-door it. In the case of Bharat Bank Ltd v. Employees wedlock [8 ]. it was stressed that the consequences of an illegal strike ar spelt out in the Act itself, and, nowhere does the Act state that the employees involving themselves in an illegal strike cannot be reinstated. \n