Strike and Lockout
1. Strike
What is a Strike?
A strike is when employees collectively stop work as a form of protest or to pressurize the employer to meet their demands, usually related to working conditions, pay, or rights.
It is a form of industrial action by workers.
Key Features of a Strike:
It is a collective refusal to work by employees.
Usually intended to force the employer to concede to demands.
It may be lawful or unlawful depending on circumstances, such as notice and whether the strike is peaceful.
Important Case: N.M. Thomas v. State of Kerala
In this case, the court discussed the nature of strike action.
The court recognized that a strike is a legitimate weapon in the hands of the workers but must be used responsibly.
It held that strikes must be in accordance with established procedures to be lawful.
What Does the Strike Imply?
During a strike, employees withdraw their labor.
The employer cannot force them to work but may take legal action if the strike is unlawful.
Strikes are often the last resort when negotiations fail.
2. Lockout
What is a Lockout?
A lockout is an action taken by the employer to prevent employees from entering the workplace.
It is a form of industrial action by the employer, usually in response to a strike or industrial dispute.
Key Features of a Lockout:
The employer closes the workplace or refuses to allow employees to work.
It is a defensive or offensive weapon by employers in labor disputes.
A lockout is generally intended to compel employees to accept terms set by the employer.
Important Case: Bhagwati Steel Industries Ltd. v. Union of India
This case dealt with the employer’s right to lockout workers.
The court held that a lockout is a legitimate tool for employers in certain circumstances.
However, the lockout must be reasonable and not an abuse of employer power.
What Does the Lockout Imply?
The employees are denied work and wages during the lockout.
It can be seen as a retaliation or bargaining tactic by employers.
Lockouts are usually temporary, lasting until dispute resolution.
Summary of Differences
| Feature | Strike | Lockout |
|---|---|---|
| Who initiates? | Employees | Employer |
| What happens? | Employees refuse to work | Employer prevents employees from working |
| Purpose | Pressurize employer for demands | Pressure employees to accept terms |
| Impact on wages | Usually no wages for employees | Employees do not get wages |
| Legal aspect | May be lawful if proper procedure followed | Must be reasonable and not arbitrary |
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