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

8. Thank you