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CS Professional · Labour Laws and Practice · Law of Industrial Relations

Hindustan Cables Ltd locks out its workers in Nagpur after giving proper notice. Before the lock-out, no proceedings were pending. After it begins, the union applies to the Tribunal on the dispute. Separately, the employer had earlier locked out in breach of notice rules, and the workers then went on strike in consequence. Which statement is correct under the Code?

A strike declared in consequence of an illegal lock-out is not deemed illegal under the Industrial Relations Code, 2020. Also, a lawful lock-out already in existence does not become illegal merely because a Tribunal application is filed later.

  1. AThe strike is illegal because it began during a lock-out
  2. BA strike declared in consequence of an illegal lock-out is not deemed illegalCorrect
  3. CThe lock-out becomes illegal once the Tribunal application is filed
  4. DBoth become legal only after the Tribunal passes an award

Explanation

A strike declared in consequence of an illegal lock-out shall not be deemed illegal. Separately, a strike or lock-out already existing when a Tribunal application is filed is not made illegal by continuing, provided it was lawful at commencement and not prohibited by an order. So filing does not turn a lawful lock-out illegal.

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