Type:Trigger
Frequency: Quarterly
Action to be taken:
No workman in a public utility service can be locked out unless they have been given a notice stating the date of lock-out within six weeks before locking-out or within 14 days of giving such notice, or before the expiry of the date of lock-out specified in such notice. Further, no lock-out is to be carried out during the pendency of any conciliation proceedings before a conciliation officer, and for 7 days after conclusion of such proceedings.
A notice of lock-out shall not be necessary where there is already a strike in existence, but the declaration of the lock-out has to be intimated to the appropriate authority. On any day, if a notice of lock out has been given to any workmen or a notice of strike has been received from the workmen, the number of notices received on that day are to be reported to the appropriate authority
Audit Requirement:In case of a lock out in public utility service, has adequate notice been given to all workmen (as defined in the ID Act) ?
Supporting Documents:Details of such cases.
Related Documents:
Schedule I - S 2(n)(6): Industries Which May Be Declared Public Utility Services
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Related Triggers:
Illegal Strike or Lock-Out
Intention To Lock Out Employees
Strike
Related Keywords:
Dispute, Industrial Dispute
Lock Out
Strike
Related Sections:
Industrial Disputes Act, 1947
Chapter:Strikes and Lock-outs|
22:Prohibition of strikes and lock-outs:
(1) No person employed in a public utility service shall go on strike in breach of contract -
(a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking ; or
(b) within fourteen days of giving such notice. Or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
(2)No employer carrying on any public utility service shall lock-out any of his workmen -
(a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.
(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day.
