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 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 in the public utility service, but the employer shall send  intimation of such 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 persons employed by him any such notices as are  referred to in sub-section (1) or gives to any persons 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. 

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 1[a Labour Court, Tribunal or National Tribunal]  and two months after the conclusion of such proceedings; 2***  

3[(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 (3A) of  section 10A; 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.

1. Subs. by Act 36 of 1956, s. 17, for “a Tribunal” (w.e.f. 10-3-1957).

2. The word “or” omitted by Act 36 of 1964, s. 11 (w.e.f. 19-12-1964).

3. Ins. by s. 11, ibid. (w.e.f. 19-12-1964).   

24. Illegal strikes and lock-outs.—

(1) A strike or a lock-out shall be illegal if—

(i) it is commenced or declared in contravention of section 22 or section 23; or 

(ii) it is continued in contravention of an order made under sub-section (3) of section 10 4[or  sub-section (4A) of section 10A]. 

(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in  existence at the time of the reference of the dispute to a Board,4[an arbitrator, a] 5[Labour Court, Tribunal  Tribunal or National Tribunal], the continuance of such strike or lock-out shall not be deemed to be  illegal, provided that such strike or lock-out was not at its commencement in contravention of the  provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of section 10  4[or sub-section (4A) of section 10A].

(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an  illegal lock-out shall not be deemed to be illegal. 

4. Ins. by, s. 12, ibid. (w.e.f. 19-12-1964).

5. Subs. by Act 36 of 1956, s. 18, for “or Tribunal” (w.e.f. 10-3-1957).

25. Prohibition of financial aid to illegal strikes and lock-outs.—

No person shall knowingly  expend or apply any money in direct furtherance of support of any illegal strike or lock-out.