Generally, it means a stoppage or denial of employment which was started by the management of the institution in nay factory during the
labor dispute. The Lockout in India was declared in 1895 in
Budge Budge Mills.
Definition of the lockout in legal subject
Section 2(1) of the Industrial Dispute Act, 1947
defines the term ‘Lockout’
The temporary closing of employment or the suspension of work, or a refusal by an employer to continue to employ any number of the person employed by him.
Essential elements of this section
This nature of the instrument which the management of any industry has required some elements on which the power depends.
- There should be a statute in any act which gives the power.
- The second basic element is the party, which has the power. Here this party means the factory or the industry which is justified by the company act.
- In this process, the second party should be there who is in opposition to the factory’s management.
- In this all procedure of labor and management of the factory, there should be one more basic element which is the dispute in any reasonable matter should be there.
Prohibition of Lockout
The Lockout has been declared as a void in the act in the respect of Public Utility Service. Section 22(2) of the Act, defines that no employer carrying the public utility service shall Lockout in any number of the labor
- The management is not allowed to declare Lockout without giving notice to the workers, before the 6 weeks of the Lockout.
- Or before 14 days of giving notice
- Before the expiry date of such notice that is mentioned in such notice.
- During the meeting of any conciliation or after the 14 days after such conciliation. With the help of such proceeding officers.
Case
The
Madras High Court clearly states the present definition of the Lockout is not having all aspect of the common person. In the Commission , the previous word has been included in this case. And he said that at any cost the worker should have the damages for the injury, which was faced by them during the Lockout period.
