Section 63: Illegal strikes and lock-outs
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 63 — Governs illegal strikes and lock-outs and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) A strike or lock-out shall be illegal, if it is— (i) commenced or declared in contravention of section 62; or (ii) continued in contravention of an order made under sub-section (7) of section 42.
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 ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) A strike or lock-out shall be illegal, if it is— (i) commenced or declared in contravention of section 62; or (ii) continued in contravention of an order made under sub-section (7) of section 42.
- (2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the filing of the application relating to such industrial dispute in the Tribunal or of the reference of such industrial dispute to an arbitrator or a National Industrial Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or…
- (3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.
Provisos, explanations & qualifications
- provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Code or the continuance thereof was not prohibited under sub-section
Thresholds and timelines in the text
- No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.
Actors expressly appearing in the text
Tribunal
Full statutory text — Section 63
63. Illegal strikes and lock-outs.—(1) A strike or lock-out shall be illegal, if it is—
(i) commenced or declared in contravention of section 62; or
(ii) continued in contravention of an order made under sub-section (7) of section 42.
(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is
in existence at the time of the filing of the application relating to such industrial dispute in the Tribunal
or of the reference of such industrial dispute to an arbitrator or a National Industrial 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 Code or the continuance
thereof was not prohibited under sub-section (7) of section 42.
(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an
illegal lock-out shall not be deemed to be illegal.How to apply this provision
- Primary statutory test — (1) A strike or lock-out shall be illegal, if it is— (i) commenced or declared in contravention of section 62; or (ii) continued in contravention of an order made under sub-section (7) of section 42.
- Additional operative limb — (2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the filing of the application relating to such industrial dispute in the Tribunal or of the reference of such industrial dispute to an arbitrator or a National Industrial Tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or…
- Qualification / exception to test — provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Code or the continuance thereof was not prohibited under sub-section
- Evidence file — retain facts and records proving the role/status of: Tribunal.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
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 63
What does Section 63 of the Industrial Relations Code cover?
Section 63 — Governs illegal strikes and lock-outs and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) A strike or lock-out shall be illegal, if it is— (i) commenced or declared in contravention of section 62; or (ii) continued in contravention of an order made under sub-section (7) of section 42.
What is the main legal requirement or power in Section 63?
The first operative clause identified from the official text is: “(1) A strike or lock-out shall be illegal, if it is— (i) commenced or declared in contravention of section 62; or (ii) continued in contravention of an order made under sub-section (7) of section 42.” Read it with the remaining subsections and any proviso below.
Does Section 63 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Code or the continuance thereof was not prohibited under sub-section”
What time limit, percentage or amount appears in Section 63?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 63?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 63 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.