Strike or lockout - illegal

A strike or a lock out shall be illegal if -a) it is commenced or declared in contravention of Section 22 or 23 of Industrial Disputes Act 1947b) It is commenced in contravention of an order made under sub section 3 of section 10 or sub section (4A) of Section 10AIn the T.K.Rangarajan vs Government of Tamil Nadu &others Hon'ble Supreme court has held that the Government and employees in public sector undertaking cannot go on strike since they have neither fundamental, statutory, moral right nor equitable justification to resort to strikeIn the case of Audeo India Ltd vs Audeo India Employees Union & others 1990, the Hon'ble Hight court of madras pointed that no doubt the right to strike as a mode of redress of legitatimate grievance of the workmen is recognised in Industrial Disputes Act, 1947 and as such it is not fundamental right.In the case of Bombay Deying & Mfg co, and others vs Mumbai Mazdoor Sabha and others 1987 the Hon'ble Bombay High court held that if the workers have no intention to carry out the work, they cannot use the place of work or premises as a matter of right. The employer has a right to tell the workmen indulging in sit in strike not to enter the premises in case they have no intention to carry their duties and the employer can also insist for undertaking of good behaviour from workers before allowing them to enter the work place. However obtaining such an undertaking is not very safe on the part of the employer since the workers can contend that the employer has resorted to lock out