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Business Environment and Law-Industrial Disputes Act, 1947

Penalties Regarding Strikes And Lock-Outs - Industrial Disputes Act, 1947

   Posted On :  15.05.2018 03:37 am

Any workman, who commences, continues or otherwise acts in furtherance of a strike, which is illegal, shall be punishable with imprisonment for a term, which may extend to one month, or with fine, which may extend to Rs.1,000 or with both.

Penalities Regarding Strikes And Lock-Outs
 
 
1. Penalty for illegal strike [Sec.26 (1)]:
 
Any workman, who commences, continues or otherwise acts in furtherance of a strike, which is illegal, shall be punishable with imprisonment for a term, which may extend to one month, or with fine, which may extend to Rs.1,000 or with both.
 
2. Penalty for illegal lock-out [Sec.26 (2)]:
 
Any employer, who commences, continues or otherwise acts in furtherance of lock-out, which is illegal, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to Rs.1, 000 or with both.
 
3. Penalty for instigation, etc. (Sec.27):
 
Any person who instigates or incites others to take part in, or otherwise, acts in furtherance of, a strike or lockout, which is illegal, shall be punishable with imprisonment for term which may extend to six months or with a fine which may extend to Rs.1,000 or with both. In the case Raja Kulkarni Vs. State of Bombay AIR (1954) SC 73, it was held that Sec.27 did not impose any unreasonable restriction upon the fundamental rights guaranteed by Articles [19(1)(a)] and [(19(1)(c)] of the constitution.
 
4. Penalty for giving financial aid for illegal strike and lock-out (Sec.28): Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs.1, 000 or with both.
 
There was a sharp decline in the number of strikes and lockouts during 2003 as compared to the previous year. The reduction was more prominent in the Public Sector.

Summary

 
It is gratifying to note that apart from the fundamental rights, our constitution embodies within itself, in Part IV, Directive Principles of State Policy. The functions and duties of the states as contained in the directive principles have given rise to the concept of social justice. The old idea of laissez faire has given place to a new idea of welfare state. The philosophy of social, economic and political justice have been given a place of pride in our constitution, as well as in the aims and objectives of ILO. The development and growth of industrial law presents a close analogy to the development and growth of constitutional law. A series of labour enactments covering labour welfare and social security were enacted for protecting and promoting the overall welfare of different categories of working class. The central and some state governments have enacted laws on industrial relations. The three enactments by the Central Government in the field of industrial relations are (a) the Trade Unions Act which provides for registration of trade unions;(b) the Industrial Employment (standing orders) Act which makes provision for certification of standing orders; and (c) the Industrial Disputes Act which lays down a machinery for the prevention and settlement of industrial disputes.

 

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