Section – 62. Prohibition of strikes and lock-outs.
(1) Conditions under which employees cannot go on strike:
No employee in an industrial establishment shall go on strike in breach of contract—
(a) without giving prior notice to the employer within 60 days before the strike;
(b) within 14 days of giving such notice;
(c) before the date specified for the strike in the notice;
(d) during the pendency of conciliation proceedings and for 7 days after their conclusion;
(e) during the pendency of proceedings before a Tribunal or National Industrial Tribunal and for 60 days after their conclusion;
(f) during arbitration proceedings and for 60 days after their conclusion, where applicable notification has been issued;
(g) during the period when a settlement or award is in operation for matters covered under it.
(2) Conditions under which employers cannot declare a lock-out:
No employer shall lock out workers—
(a) without giving prior notice within 60 days before the lock-out;
(b) within 14 days of giving such notice;
(c) before the date specified in the notice;
(d) during conciliation proceedings and for 7 days after their conclusion;
(e) during proceedings before a Tribunal or National Industrial Tribunal and for 60 days after their conclusion;
(f) during arbitration proceedings and for 60 days after their conclusion, where applicable notification has been issued;
(g) during the period when a settlement or award is in force for matters covered under it.
(3) Exception for existing strike or lock-out:
If a strike or lock-out already exists, no prior notice is required. However, the employer must inform the appropriate authority on the same day it is declared.
(4) Procedure for strike notice:
The strike notice must be given by the prescribed number of persons, to the appropriate authority, and in the prescribed manner.
(5) Procedure for lock-out notice:
The lock-out notice must be given in the prescribed manner.
(6) Reporting requirement:
If an employer receives or issues any such notice, they must report the number of notices to the appropriate Government or authority and the conciliation officer within five days.