Section 124: Right to lock-outs

1) Where a strike is organised or continued without giving notice pursuant to this Act or the collective dispute cannot be settled through the procedure referred to in this Act, the management may, by giving justifiable grounds, lock out the enterprise by obtaining approval of the Department.

2) Before making a lock-out pursuant to sub-section (1), the manager shall issue a notice in advance of at least seven days, also specifying the date of lock-out, for information to the labourers that if the strike has, etc., by the labourers not ended the lock-out will be made.

3) Notwithstanding anything contained in sub-sections (1) and (2), where there is a possibility of causing loss to the enterprise because of gherao, riot, physical unrest, etc., by the labourers during the period of strike, the management may lock out the enterprise. If the lock-out is so made, information along with the justification for making such lock-out shall be given to the Office or Department and the local administration not later than three days.

4) On receipt of the notice pursuant to sub-section (3), the local administration shall immediately make necessary security arrangement in such a workplace.

5) The Department may at any time declare the lock-out of any enterprise illegal in case it appears to be unjustifiable, or it is likely to disturb the peace and security of the country, or it is contrary to the economic interest of the country.

6) Notwithstanding anything contained elsewhere in this Section, no lock-out may be made in an enterprise that operates any essential service.