Lock Out in the Factories
SARAVANAN.R
(Querist) 02 March 2009
This query is : Resolved
Sir,
I have read in various books about Strikes and Lock outs. If the Management declares a lock out of a factory, whether the workers there will be entitled to wages for the period of lock out.
Hope that if the lock out declared illegal, workers will get full wages for that period. Is it correct?
In Alleppey, I have seen managements declaring lock out in so many factories. Till the issue is resolved or if one of the parties fail to respond, what will be the fate of the worker.
When we are so much concerned about labour welfare, Is there any solution in I.D ACT or any other legislation or if anything is mentioned in Standing Orders Act) to solve the problem. Please answer this sir.
Saravanan
H. S. Thukral
(Expert) 02 March 2009
The 'lockout' is as effective a weapon in the armoury of management as a strike in the hands of workers. Of late both have lost their gun powder. Strike results in management outsourcing and lockout results in losing competitive markets. There are lesser cases of strikes and lockouts in the present scenerio.
The strike or a lockout can both be declared as illegal or legal and wages during the period depends upon adjudication of respective claims of the parties. You are correct in that that if the lockout is illegal workers shall get wages.
If a lockout is illegal, workers can raise an industrial dispute to get it adjudicated and also approach the authorities to get it declared as illegal. In such cases workers shall be entitiled to wages.
SARAVANAN.R
(Querist) 04 March 2009
Sir,
Thank you for your answer. But if the managements fails to turn up for conciliation, just as happened in one of the factories in kerala, what will be the fate of the workers. Is there any provison in ACT regarding this. Can there be an ex- parte judgement in such cases to pay the wages for the period of lock out.
PALNITKAR V.V.
(Expert) 12 March 2009
If the other side does not respond, the court can give ex parte judgment.
