Define Strike and Lock-out. When are Strikes and Lock-outs illegal? Can financial aid be given to workers engaged in such illegal Strikes and Lock-out ?

Strikes and lock-outs are the two weapons in the hands of workers and employers respectively, which they can use to press their viewpoints in the process of collective bargaining. The Industrial Disputes Act, 1947 does not grant an unrestricted right of strike or lock-out. Under Section 10(3) and Section 10A (4A) of the Industrial Disputes Act, 1947, the Government is empowered to issue order for prohibiting continuance of strike or lock-out. Sections 22 and 23 make further provisions restricting the commencement of strikes and lock-outs. According to Section 2(q) of Industrial Disputes Act, 1947, Strike means:- (1) cessation of work by a body of persons employed in any industry acting in combination, (2) or a concerted refusal to any number of persons who are or have been employed in any industry to continue to work or to accept employment, or (3) refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment. According to Section 2(1) of Industrial Disputes Act, 1947, "Lock-out" means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. Illegal strikes and lock-outs According to Section 24 (1) of the Industrial Disputes Act, 1947 a strike or lock-out shall be illegal if it is:- (1) commenced or declared in contravention of Section 22 in a public utility, service; (2) Commenced in contravention of Section 23 in any industrial establishment (including both public utility and non- public utility service) (3) Continued in contravention of an order made by the Appropriate Government under Section 10 (3) or subsection (4A) of Section 10A of the Act. Section 24 (2) provides that where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of reference of the dispute to a Board, an arbitrator, la Labour Court, Tribunal or National Tribunal, the Continuance of such strike or lock-out shall not be deemed to be illegal provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance there of was not prohibited under Section 10 (3) or Sub section (4-A) of Section 10-A. Section 25 of the Industrial Disputes Act, 1947 prohibits financial aid to illegal strikes and lock-outs, It says that no person shall knowingly spend or apply any money in direct furtherance or support of an illegal strike or lock-out. Section 25 has the following ingredients:- (1) spending or applying money; (2) money spent or applied in direct furtherance or support of an illegal strike or lockout; (3) the strike or lockout must actually be illegal; (4) knowledge on the part of the person expending or applying money that the strike or lock-out is illegal. It is sufficiently clear that the persons spending or applying money must know that the strike or lock-out is illegal. This means rea is a necessary element of an offence under this section. The provisions of this section are attracted only if the strike or lock-out is illegal and not otherwise.