A garment factory based in West Bengal was having dispute with the management, for which conciliation proceedings is in progress with Labour Court. But management wants to lockout the factory as the dispute was complicat

Section 23 the Industrial Disputes Act, 1947 provides that no workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out- during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings; during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings; during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under subsection (3-A) of Section 10-A; or during any period in which a settlement or award is in operation in respect of any of the matters covered by the settlement or award. Hence, in light of the above stated provisions, the management of the factory cannot declare the lockout during the pendency of proceedings before the Labour Court.