Section 62: Prohibition of strikes and lock-outs
Reviewed by Finin2min Editorial Desk · Last reviewed 6 September 2026
Section 62 — Sets the statutory prohibition and conditions governing strikes and lock-outs. Key operative text: (1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within…
All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
What you need to know
Section 62 of the Industrial Relations Code restricts strikes and lock-outs through notice, waiting-period and proceeding-related bars. A compliant industrial-relations calendar must therefore track not only whether notice was served, but the proposed date and the pendency/closure of conciliation, tribunal or arbitration proceedings specified by the Code.
Decision checklist
- Use the statutory notice form/manner under the applicable rules.
- Track notice date, proposed strike/lock-out date and every relevant conciliation/adjudication milestone.
- Test whether a separate prohibition under section 63 or an order/direction also applies.
- Preserve service proof and communications because timing is part of the legal test.
Worked situation
A union notice does not automatically make any strike during the next 60 days lawful. The waiting period, date stated in the notice and any pending proceedings must all be checked together.
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Use-date rule: apply the law, rate, form and portal version for the actual transaction, tax year or proceeding date. This page is a professional reference, not a substitute for fact-specific advice.
Finin2min analysis — what the section actually does
Operative clauses
- (1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice; or (d) during the pendency of any conciliation proceedings before a…
- (2) No employer of an industrial establishment shall lock-out any of his workers— (a) without giving them notice of lock-out as hereinafter provided, within sixty days before locking-out; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation…
- (3) The notice of strike or lock-out under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of services.
- (4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner, as may be prescribed.
- (5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- Prohibition of strikes and lock-outs.—(1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified…
- (2) No employer of an industrial establishment shall lock-out any of his workers— (a) without giving them notice of lock-out as hereinafter provided, within sixty days before locking-out; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or (d) during the…
- (3) The notice of strike or lock-out under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a…
- (6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe and to the…
Actors expressly appearing in the text
Employer, Worker, Appropriate Government, Authority / officer, Tribunal
Full statutory text — Section 62
62. Prohibition of strikes and lock-outs.—(1) No person employed in an industrial establishment
shall go on strike, in breach of contract—
(a) without giving to the employer notice of strike, as hereinafter provided, within sixty days
before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceedings; or
(e) during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and
sixty days, after the conclusion of such proceedings; or
(f) during the pendency of arbitration proceedings before an arbitrator and sixty days after the
conclusion of such proceedings, where a notification has been issued under sub-section (5) of section
42; or
(g) 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.
(2) No employer of an industrial establishment shall lock-out any of his workers—
(a) without giving them notice of lock-out as hereinafter provided, within sixty days before
locking-out; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceedings; or
(e) during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and
sixty days, after the conclusion of such proceedings; or
(f) during the pendency of arbitration proceedings before an arbitrator and sixty days after the
conclusion of such proceedings, where a notification has been issued under sub-section (5) of section
42; or
(g) 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.
(3) The notice of strike or lock-out under this section shall not be necessary where there is already
in existence a strike or, as the case may be, lock-out, but the employer shall send intimation of such
lock-out or strike on the day on which it is declared, to such authority as may be specified by the
appropriate Government either generally or for a particular area or for a particular class of services.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to
such person or persons and in such manner, as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be
prescribed.
(6) If on any day an employer receives from any person employed by him any such notices as are
referred to in sub-section (1) or gives to any person employed by him any such notices as are referred
to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such
authority as that Government may prescribe and to the conciliation officer, the number of such notices
received or given on that day.How to apply this provision
- Primary statutory test — (1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice; or (d) during the pendency of any conciliation proceedings before a…
- Additional operative limb — (2) No employer of an industrial establishment shall lock-out any of his workers— (a) without giving them notice of lock-out as hereinafter provided, within sixty days before locking-out; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation…
- Numerical or timing control — Prohibition of strikes and lock-outs.—(1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified…
- Central Rule mapping — 25, 26. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
- Prescribed-form link recorded in the corpus — XI, XII. Confirm the current notified form/version before filing.
- Evidence file — retain facts and records proving the role/status of: Employer, Worker, Appropriate Government, Authority / officer, Tribunal.
Rules, forms and cross-references
Forms mapped
XI, XII
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
Workers give a strike notice and propose to stop work 10 days later. Section 62 bars a strike within fourteen days of giving the notice, so that proposed date fails that timing condition even before the other statutory prohibitions are tested. The file should also check the 60-day notice window, the date stated in the notice and whether conciliation/tribunal proceedings create an additional bar.
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 62
What does Section 62 of the Industrial Relations Code cover?
Section 62 — Sets the statutory prohibition and conditions governing strikes and lock-outs. Key operative text: (1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within…
What is the main legal requirement or power in Section 62?
The first operative clause identified from the official text is: “(1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice; or (d) during the pendency of any conciliation proceedings before a…” Read it with the remaining subsections and any proviso below.
Does Section 62 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 62?
The provision contains this numerical/time expression: “Prohibition of strikes and lock-outs.—(1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 62?
The current concordance maps Section 62 to Central Rule(s) 25, 26.
Is a prescribed form mapped to Section 62?
The current corpus records: XI, XII. Confirm the current notified version before filing or service.
Is Section 62 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.
Source & verification trail
Act: Industrial Relations Code, 2020 — official India Code PDF ↗
Central Rules: Industrial Relations (Central) Rules, 2026 — G.S.R. 342(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.