Type:Trigger Frequency: Quarterly

Action to be taken:
In case of intention to lock out any workman in any industrial establishment, ensure that the lock out is not declared
a) During conciliation proceedings and up to 7 days after their conclusion
b) During Labour Court/Tribunal /National Tribunal proceedings and up to 2 months after their conclusion
c) During Arbitration Proceedings, and where a notification has been issued under Section 10-A (3-A), up to 2 months after their conclusion
d) During the pendency of a settlement or award in relation to any of the matters covered in the settlement or award


Audit Requirement:
Have all lock outs been declared only as per the provisions of Section 23 of the ID Act ?

Supporting Documents:
Details of any lock outs declared

Related Triggers:
Illegal Strike or Lock-Out
Intention To Lock Out Employees
Strike

Related Keywords:
Dispute, Industrial Dispute
Lock Out
Strike

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Related Sections:
Industrial Disputes Act, 1947
Chapter:Strikes and Lock-outs| 23:General prohibition of strikes and lock-outs:
No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out -
(a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings ;
(b) during the pendency of proceedings before [a Labour Court, Tribunal or National Tribunal] and two months after the conclusion of such proceedings;
[(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3-A) of Section 10-A; or]
(c) during any period in which a settlement or award is in operation in respect of any of the matters covered by the settlement or award.