Trigger
Document the fact pattern that activates section 62: prohibition of strikes and lock-outs.
Section 62 — Prohibition of strikes and lock-outs
Provision-level interpretation, linked Central Rules, authority, forms, evidence and consequence map. Always read the official provision for exact words.
Statutory identity
Clause and operative provision map
Test 1
No worker may strike, and no employer may lock out, without notice within sixty days before the action and within fourteen days of giving notice.
Test 2
The Code also prohibits action before the date stated in notice and during specified conciliation, Tribunal, arbitration, settlement and award periods.
Test 3
Rules 25 and 26 prescribe strike and lock-out notices, recipients, service and reporting through Forms XI and XII.
Implementation control
Coverage and jurisdiction
Record worker/employee status, establishment, appropriate Government, threshold and territorial authority.
Decision owner
Assign HR/ER, legal, payroll/finance and authorised signatory roles; no action should depend on an undocumented oral decision.
Evidence pack
Keep notices, acknowledgements, muster/membership records, resolutions, calculations, hearing records, orders and bank/portal proof relevant to this section.
State overlay
Where the State Government is appropriate, verify final State rules, notifications and authorities; Central Rules are not automatically the entire answer.
Remedy and consequence
Use the Code forum, appeal/recovery/permission route and section 86 penalty matrix. Check unfair-labour-practice implications separately.
Linked Industrial Relations (Central) Rules, 2026
Authority, notification and form map
Worked control example
An establishment proposes an action connected with prohibition of strikes and lock-outs. The legal owner first fixes the appropriate Government and coverage threshold, opens the official section and linked rules, creates a dated evidence file, serves the prescribed notice/form, records the hearing or consultation, and releases the decision only after the statutory waiting/permission condition is met. The file separately checks section 84 unfair labour practices and section 86 penalties.
Practical questions
Can an internal HR policy replace this section?
No. A policy may operationalise the provision but cannot reduce a statutory, certified-standing-order, settlement or award right.
Is the Central Rule always enough?
No. Identify the appropriate Government and check final State rules, authority notifications, exemptions and later amendments.
What evidence should be retained?
Retain source law, coverage memo, approvals, notices and delivery, worker/union records, calculations, hearing material, order, portal filing and implementation proof.