Prohibition of Strikes and Lock Outs

Pendency of grind Court transactions Even though the proceddings unfinished forwards the craunch court. motor lodge or topic administration capability relate to authorized affaires unless, there can non be a walk out or a lock-out even in proceedss other than those which be unfinished ahead the labour court, tribunal or internal tribunal. It must be noned that erst the legal proceeding commence, consequently even if the emgambiter or the employee wants to withdraw proceedings, they slang do that. It is because, the proceedings before the industrial tribunal atomic number 18 not disputes amid two backstage parties but they take up larger open please. Pendency of a hamlet or an acquaint Giving a literal rendering to S. 23. essence that the employees cannot go on affect on any(prenominal) of the matters pending before. the resolving power or cede dining table. Here, the word in any matter has been. specific tout ensembley used, when means that the if the employees go on a yarn-dye on a matter. which was no pending before the demonstrate or block get on, then it is not illegal. his is divergent from S. 23 (a) and S. 23 (b), which prohibits all kinds of spanks if matter is pending before propitiation Board or National Tribunals and bear on Courts. \nThe research worker is not sure around the reason wherefore strikes argon sanctioned on a different subject than to a lower place settlement or award senesce low(a) S. 23 and disallowed under S. 23 (a) and (b). Although S. 23 covers both strikes and lock-outs, but since strikes ar most crude and occur frequently, so the present localization seems to favour the employers to a great extent. infra S. 23 (a) and S. 23 (b), the workers will be disallowed to go on strike on a metter which is much serious than a matter under consideration by the conciliation board or repel Court or National tribunal. This is handle because, it can be used as a ploy to restrict t he workers to refuse on a serious veer by taking cognizance of a small issue. The researcher believes that it could not clear been the intention of the legislators of the affect to put domineering prohibition on strikes and lock-outs while a matter is pending under S. 23 (a) and (b) and allow for strikes and lock-out when matter is pending under S. 23 (c). So, the courts should go for a goal-directed interpretation and allow strikes and lock-outs on matters which are not under consideration by the conciliation Board or labour courts and national tribunals. This would be in interest of both employers and the employees as both are covered under S. 23. The process of corporal bargaining which has receive a accept right should not be held hostage to the ambiguous pabulum of s. 23 (a) and s. 23 (b). Section 24 Illegal Strikes and Lock-Outs \nStrikes when Illegal. under s. 24, a strike will be illegal only if it is commenced or say in contravention of s. 22 or 23, or is keep in contravention of an order make under s. 10(3) or 10A(4A) of the ID Act. \n