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Strike, Lock-out, Lay-off and Retrenchment under Labour Law

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Swasti Chaturvedi
Swasti Chaturvedi

This document discusses different types of industrial disputes and strikes. It defines a strike as workers collectively ceasing work in a particular industry according to Section 2(q) of the Industrial Disputes Act, 1947. Some types of strikes mentioned include hunger strikes, economic strikes, sympathetic strikes, and general strikes. It also discusses lockouts, which are declared by employers to put pressure on workers and differ from strikes. The document analyzes some key court cases related to industrial disputes and concludes that compulsory arbitration has become an important alternative to collective bargaining in India given the need for economic development.

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PRESENTED TO: MR. JALAJ SARMANDAL PRESENTED BY: SWASTI CHATURVEDI B.B.A. LL.B. VIII SEM SEC- ‘B’
INTRODUCTION Industrial disputes are a part of organizational life and arise out of various economic or non-economic causes. The economic causes relate to compensation such as wages, bonus, allowances, conditions of work, working hours, leave, holidays without pay, unjust layoffs, and retrenchments. The non-economic factors include victimization of workers, ill-treatment by staff members, sympathetic strikes, political factors, indiscipline, etc.
• A powerful weapon used by trade unions. • Quitting of work by a group of workers. • Demands get accepted. • Workers collectively cease to work in a particular industry. • Section 2(q) of the Industrial Disputes Act, 1947 defines the term strike.
Hunger Strike Economic Strike Sympathetic Strike General Strike Sit Down/ Pen Down Strike Slow Down Strike Sick-Out (Or Sick-In) Wild Cat Strikes
EMPLOYERS’ WEAPON. EMPLOYEES REFUSE TO WORK. DIFFERENT FROM A STRIKE. DECLARED BY EMPLOYERS TO PUT PRESSURE ON THEIR WORKERS. A WORK STOPPAGE.
Failure, refusal or inability of an employer. Shortage of coal, power or raw materials. Accumulation of stocks or the breakdown of machinery or natural calamity.
Strike, Lock-out, Lay-off and Retrenchment under Labour Law
M/s Burn & Co. Ltd. v. Their Workmen General Labour Union (Red Flag) v. B. V. Chavan And Ors K.T. Rolling Mills v. M.R. Meher Byram Pestonji Gariwala v. Union Bank of India and Others
CONCLUSION • India in the present context of economic development programs cannot afford the unqualified right to the workers to strike or to the employer to lock-out. • Compulsory arbitration as an alternative of collective bargaining has come to stay. • If the benefits of legislation, settlements and awards are to reach the individual worker, not only the trade union movement has to be encouraged and its outlook broadened but the laws have also to be suitably tailored.
Strike, Lock-out, Lay-off and Retrenchment under Labour Law

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Strike, Lock-out, Lay-off and Retrenchment under Labour Law

  • 1. PRESENTED TO: MR. JALAJ SARMANDAL PRESENTED BY: SWASTI CHATURVEDI B.B.A. LL.B. VIII SEM SEC- ‘B’
  • 2. INTRODUCTION Industrial disputes are a part of organizational life and arise out of various economic or non-economic causes. The economic causes relate to compensation such as wages, bonus, allowances, conditions of work, working hours, leave, holidays without pay, unjust layoffs, and retrenchments. The non-economic factors include victimization of workers, ill-treatment by staff members, sympathetic strikes, political factors, indiscipline, etc.
  • 3. • A powerful weapon used by trade unions. • Quitting of work by a group of workers. • Demands get accepted. • Workers collectively cease to work in a particular industry. • Section 2(q) of the Industrial Disputes Act, 1947 defines the term strike.
  • 4. Hunger Strike Economic Strike Sympathetic Strike General Strike Sit Down/ Pen Down Strike Slow Down Strike Sick-Out (Or Sick-In) Wild Cat Strikes
  • 6. Failure, refusal or inability of an employer. Shortage of coal, power or raw materials. Accumulation of stocks or the breakdown of machinery or natural calamity.
  • 8. M/s Burn & Co. Ltd. v. Their Workmen General Labour Union (Red Flag) v. B. V. Chavan And Ors K.T. Rolling Mills v. M.R. Meher Byram Pestonji Gariwala v. Union Bank of India and Others
  • 9. CONCLUSION • India in the present context of economic development programs cannot afford the unqualified right to the workers to strike or to the employer to lock-out. • Compulsory arbitration as an alternative of collective bargaining has come to stay. • If the benefits of legislation, settlements and awards are to reach the individual worker, not only the trade union movement has to be encouraged and its outlook broadened but the laws have also to be suitably tailored.