A strike in pursuance of an industrial dispute has already commenced and is in existence The appropr...........

Industrial Relation and labour law Dispute Resolution

A strike in pursuance of an industrial dispute has already commenced and is in existence. The appropriate Govt. has referred the dispute to a Labour Court but did not prohibit the continuance of the strike under sub-section (3) of the section10. The continuance of that strike during the pendency of proceedings before the Labour Court will be:

Legal.

Illegal.

Out of the preview of the Industrial Disputes Act, 1947.

None of the above.

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Explanation:

Section 24 provides that a strike in contravention of section 22 and 23 is illegal. This section is reproduced below:

A strike or a lockout shall be illegal if,
It is commenced or declared in contravention of section 22 or section 23; or
It is continued on contravention of an order made under sub section (3) of section 10 or sub section (4-A) of section 10-A.
Where a strike or lockout in pursuance of an industrial dispute has already commenced and is in existence all the time of the reference of the dispute to a board, an arbitrator, a Labour court, Tribunal or National Tribunal, the continuance of such strike or lockout shall not be deemed to be illegal;, provided that such strike or lockout was not at its commencement in contravention of the provision of this Act or the continuance thereof was not prohibited under sub section (3) of section 10 or sub section (4-A) of 10-A.
A strike declared in the consequence of an illegal lockout shall not be deemed to be illegal.