The Trade Disputes Act 1929, 7 of 1929, (Rep., Act 14 of 1947)

Section 13. _

Repealed or not in force · As amended up to 2026-08

(4) A strike or a lock-out shall not be deemed to be calcnla,ted to compel the Government unless such compulsiou rnight reasonably be expected as a consequence thereof. `-17.` (1) If any person declares, instigates, incites others to take part in, or otherwise acts in furtherance of, a strilre 01; lock-out which is illegal under the provisions of section 16, he shall bc prulishahle with ~imple imprisonment which may esterid OP 1929.1 - . , : 4 T `az` , I Tra& `Disputes.` extend to three months, or with fine which may extend to two hundred rupees, or with bot6,%., Provided that no person shad $9 deemed to -have uummikted - a i offence under this section by'.reason only of his having ceased work or refused to continue to work or to accept employment. (2) Any employer carrying on any public utility service who locks out his workmen in breach of contract without, having given them, within one month before snch lock-out, not less than fourteen days' notice in writing of his intention t80 loclr them out, or, having given such notice, loclts them out before the expiry thereof, shall be liable to imprifionment. which may extend to one month, or to a fine which mag extend f,o one thousand rupees, or with both. , (3) Where the employer committing an offence under sub-section (2) is a corporation, company or other association of persons, any secretary, director or other officer or person concerned with the management thereof shall be punishable as therein provided unless he proves that the offence was corninitted without his linowl'eclge or without his'consent. (4) No Court shall take cognisance of any offence under tbis soction.or of the ebctmepf of any such ofience save on complaint ---- - --- `lllegal` strikes and lock-outs. . Penalty. Trade Disputes. [ACT V I I complaint made by, or under authority from, the Governor General in Council or tho Lop1 Government. - (5) Nu Court iliferior ta ~ h a t of n Preside~~cy Magistrate Magistrate or a Magistrnte of the first class shall try any offence under this section. of n Preside~~cy Magistrate Magistrate Special provision fa?. ZZZegzZ Strzlces and Loclc-outs. 13. `(1)` Notwithstanding anything contained in section- 12, there shall not be included in any report or publication made or authorised by a Court or Board or the authority appointing a Court or Board any information .obtained by the Court or Board in the course of its inquiry or investigation as to any Trade Union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwiso th.an through evidence given before the Court or Board, except with the consent in writing of the Secretary of the Trade Union or of the person, firm or company in question; nor shall any individual member of the Court or Board or any person concerned in the proceedings before it digclose any such information without such consent. Certain mattera to be kept con- (2) If `6,` - - t 1 I i `1` I OP `1929.1` Trade Disputes. (2) If any member of a Court or Board or any person present at or concerned in the proceedings before a Court or Board discloses any information in contravention of the provihiaxrs of sub-seotion `(I),'` he shall, on complaint made bv or under the authority of the Trade Union or individual businesl: affected, be punishable with fine which may extend to one thoasaud rupees : Prhideil that nothing in this sub-section shall apply to the disclosure of any such information for the purposes of a prosecution ,under section 193 of the .Indian Penal Code. Represents- Represents14. Subject to such conditions and restrictions as may be tiou ofpa~ties. prescribed, any party to a dispute under inquiry or investigation by a Court or Board shall be entitled to be represented before the Court or Board by a legal practitioner. Special provision regarding Pzrhlic UtiZit? ASrzrvices. `15. (1)` Any person who, being employed in a public utility and Sudden service, goes on strike in breach of contract without having in services. utility given to his employer, within one month before so striking, not less than fourteen days' previous notice in writing of his intention to go on strike or, having given such notice, goes on strike before the expiry thereof, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both. Sudden and Sudden lock-outs strikes in utility services. `16.` (1) A strike or a lock-out shall be illegal which-- (a) has any object other than the furtherance of a trade dispute within the trade or industry in which the strikers or employers locking out are engaged; and (71) is designed or calculated to inflict severe, general and prolonged hardship upon the community and thereby to coinpel the Government to take or abstain from taking any particular course of action. (2) I t shall be illegal to commence or coiltinue, or to apply any sums in direct furtherance or support of any such illegal strike or lock-out. (3) For the purposes of this section- (@) a trade dispute shall not be deemed to be within a trade or industry unless it is a dispute between employers and workmen, or between workmen and workmen, in that trade or industry, which is connected with the employment or non-employment or the terms of the employment, with the. conditions of labour, of persons in that trade or industry ; (b) without prejudice to the generality of the expression " trade or industry ", tvorkmen shall be deemed io be within the same trade or industry if thei~ wages or conditions of employment are deteinmined in accordance with agreements made with the same employer or group of employers. (2) No Court shall take cognisance of any offence under this section save on complaint made by, or under authority from, the Governor General in Council or the 1,ocal C:o.irtrnnient. (3) No Court inferior to that of a Presidency Magistrate or a Mawistrate of the first ciass shall try any offence under P this sectlon. '

Source: India Code