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Section 62: Prohibition of strikes and lock-outs

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VIII: Strikes and Lock-Outs
Competent Labour Forum
Act No. 35 of 2020
Section 61 All 104 Sections of Industrial Relations Code, 2020 Section 63

Legal Commentary & Landmark Judgments: Section 62

Section 62 of the Industrial Relations Code, 2020 introduces a sweeping, universal prohibition on strikes and lock-outs across ALL industrial establishments—abolishing the public utility service distinction—by mandating a minimum of 14 days' and maximum of 60 days' advance notice, while imposing absolute statutory bans during conciliation (+ 7 days), arbitration/tribunal (+ 60 days), and during the currency of awards and settlements.

  • Universal Expansion Across All Establishments: Completely abolishes the distinction between public utility services and non-public utility establishments; the mandatory notice requirements and strike/lock-out prohibitions apply uniformly across the entire industrial landscape.
  • Mandatory Notice Timeline Parameters: No worker can strike and no employer can lock-out: (a) without giving notice within sixty days before striking/locking out; (b) within fourteen days of giving notice; (c) before the date specified in the notice.
  • Absolute Statutory Freeze Periods: Prohibits strikes and lock-outs during the pendency of conciliation proceedings and 7 days after conclusion; during tribunal or arbitration proceedings and 60 days after conclusion; and during any period in which a settlement or award is in operation concerning covered matters.
Key Landmark Precedents:
  • Syndicate Bank v. K. Umesh Nayak (1994) 5 SCC 572: A 5-Judge Constitution Bench ruled on the legality vs justifiability of strikes, holding that a strike commenced in breach of statutory notice provisions is illegal per se, and workers are not entitled to wages for the strike period irrespective of moral justifiability.
  • T.K. Rangarajan v. Government of Tamil Nadu (2003) 6 SCC 581: Supreme Court held that there is no fundamental right to strike under Article 19(1)(c) of the Constitution; the right to strike is purely a statutory creation subject to strict legislative conditions precedent.
  • Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha (1980) 2 SCC 593: Supreme Court held that while strike is a legitimate weapon of collective bargaining, its exercise is strictly conditional upon observing statutory restrictions.
  • Crompton Greaves Ltd. v. The Workmen (1978) 2 SCC 144: Supreme Court held that to entitle workers to wages for a strike period, the strike must be both legal and justified; an illegal strike automatically defeats the claim for strike wages.
Courtroom Practice & Strategic Litigation Guidance:

Trade unions must recognize that serving a strike notice under Section 62 immediately triggers mandatory conciliation under Section 55, which automatically activates the statutory strike freeze under clause (d). Consequently, wildcat or flash strikes are rendered virtually impossible without attracting immediate statutory illegality. Employers should maintain timestamped CCTV logs and gate registers to document unlawful stoppages.

Section 61 All 104 Sections of Industrial Relations Code, 2020 Section 63