Lockouts in industrial relation

a brief description about lock outs

1. LOCKOUTS

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

3. Lockouts are Industrial action during which an employer withholds work, and denies employees access to the place of work. In effect, it is a strike by the management to compel a settlement to a labour dispute on terms favourable to the employer .

4. Prohibition of lockout under sec22(2) Without giving workers notice of lockout as hereinafter provided, within six weeks before locking out ; or Within 14 days of giving notice; or Before the expiry of the day of lockout specified in any such notice as foresaid ; or During the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceeding .

5. Punishment for illegal Lockouts If any employer who commences continues or otherwise act in furtherance of a lockout will entail a liability for payment of wages during the period of lockout .Besides he is punishable with imprisonment up to one month or fine up to one thousand rupees or both . Any person who incites others to take part in an illegal lockouts or act in furtherance of such illegal lockouts is punishable with imprisonment up to six months or fine up to 1000 rupees or both . Any person who knowingly extend or applies money in direct furtherance or support for illegal lockouts shall be punishable with imprisonment for a term of six months or with a fine up to 1000 Rupees or both

6. RETRENCHMENT The act defines retrenchment as the termination by the employer of the service of the workman for any reason otherwise than as a punishment inflicted by way of disciplinary action but does not include voluntary retirement ,compulsory retirement of the workmen on reaching the age of superannuation or termination of service on the ground of continued ill health .

7. Precedent To Retrenchment One months notice in writing has been given to the workman indicating the reason for retrenchment and the period of notice has expired or wages in lieu of notice have been paid . The workmen have to be paid at the time of retrenchment compensation equivalent to fifteen days average wages for every completed years of continued service . Notice in prescribed manner has been served on the appropriate government within three days of notice or payment to workmen

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