Meaning of Lockout under Industrial Dispute Act , 1947.

 

Q 1 Define Lock out?

Meaning of Lockout

1) Introduction 

     A lockout is an act of the employer. Lock-out means to "to shut or to close" Prior 1860 Lockout was known as "turn off" Lockout is an effective and widely recognized weapon in the hands of employers. It is the antithesis of Strike. 

2) Meaning of Lockout 

        Lockout means the temporary closing of a place of Employment or the suspension of work or the refusal by an employer to continue to employ any number of persons employed by him. Lockout means withholding of employment by an employer and the whole or partial closing oh his business establishment in order to gain a concession from employees. Lockout is a weapon in the hands  of management or the employer, by which  the workmen  are compelled to work under the conditions of employment and to accept the direction of the employer.  

3) Definition of Lockout 

          Section 2(1) of the Industrial Dispute Act,1947 defines Lockout -  “Lock-out” means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.

Q 2 Write a short note on Essentials conditions of Lockout?

     To constitute Lockout, the Following conditions are to be satisfied. 

(a) (i) Temporary closing of a place of employment by the employer or


       (ii) or the suspension of work by the employer, or

      (iii) refusal by an employer to continue to employ any a number of persons employed by him.

       (iv) Such method is adopted to put pressure on the workmen.

        (v) Lockout is made to the industrial dispute.

(vi) Such lockout is made in an undertaking  which falls under the definition of industry

(b) All above-mentioned acts of the employer should be motivated by coercion;

(c) An Industry as defined in the Act ( Section 2(j) of The Industrial Dispute Act 1947 defines  Industry - “Industry” means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen); and

(d) A Dispute in such industry

Q 3 Define and differentiate lockout and Lay off?

 

No	Lock out	Lay off
1	Lock out is an act on the part of the employer taken to coerce or pressurize the labor.	Lay-off is for trade reasons beyond the control of the employer, i.e, it is not an intentional act.
2	Definition :       Section 2(l) of the Industrial Dispute Act 1947 defines Lock-out “lockout means the temporary closing of a place of employment, of the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.	Definition :      Section 2(kkk) of the Industrial Dispute Act 1947 defines lay off “Lay off means the failure, refusal or inability of an employer on account of storage of coal, power or raw materials or the accumulation of stocks or the breakdown of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.
3	Lock out is due to an industrial dispute and continues during the period of dispute.	Lay-off is not concerned with a dispute with the workmen.

 

Q 4 Define and differentiate between Lock out and closure?

 

No	Lock-Out	Closure
1	According to Section 2(l) of the Industrial Dispute Act 1947,  “lockout means the temporary closing of a place of employment, of the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.	According to Section 2 (cc) of the Industrial Dispute Act, 1947 Closure means the permanent closing down of a place of employment or part thereof.
2	Lock out indicates the temporary closure of the place of business or place of employment and not a closure of the Business itself.	The closure of a business indicate the final and irrevocable termination of the business itself
3	Lockout is a weapon of coercion in the hands of employer	Closure is generally for trade reason.
4	A Lockout is caused by the existence or apprehension of an Industrial Dispute.	A closure need not to be in consequence of an Industrial dispute.

 

 

In closure there is severance of employment relationship whereas in Lockout there is no severance but only suspension of such relationship. 

 

Q 5 Define and differentiate between Strike and Lock out?

 

No	Strike	Lock-out
1	Definition :                Section 2 (q) of the Industrial Dispute Act 1947 defines strike as “ a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal under a common understanding of any numbers of persons, who are or have been so employed to continue to work or accept the employment.	Definition:       Section 2(l) of the Industrial Dispute Act 1947 defines Lock-out “lockout means the temporary closing of a place of employment, of the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.
2	The Strike is a weapon in the armoury of the working class to fight collectively and to pressure on the employer. It is a weapon which is made use of the labor class to safeguard their interests both economic and cultural.	Lockout is an Act of employer, by which his industrial establishment is temporarily closed to suppress the demands of his employees and to make them resume duties(employment ) at terms and conditions dictated by him.
3	The strike is a temporary Closure of place of Employment.	Lockout is the cessation of work by the body of persons employed in an industry.
4	In case of strike , the workman refuse to work	In case of lock out the employer refuses to give work/ employment to the workmen.

 

Q 6 under what circumstances lock out shall become illegal?

Condition of valid lock out

No employer shall give  notice of lock out in public utility services in breach of contract-

(i)                 Without giving the notice to union or workman of lock out within 6 weeks before lock out.

(ii)               Within 14 days of giving notice, or

(iii)             Before the expiry of date  of lock out  specified  in any such notice.

(iv)              During the pendency of any conciliation proceeding, and 7 days thereafter.

When lock out is illegal-

(a)   When the lock out is declared in contravention of the provision  contained under Section 22.

(b)   If lock out is declared in violation of provision of section 23.

(c)    If lock out is made against any order of the appropriate government.