Lock Out - Law Dictionary Search Results
Home Dictionary Name: lock outLock out
Lock out, in the case of a lock-out, the industry as such is not closed down even temporarily; only particular workers re refused work. Closing down a business even temporarilyis distinct and different from a lock-out, Indian Metal and Metallurgical Corporation v. Industrial Tribunal, AIR 1953 Mad 98.The word 'lock-out', as stated in the Presidency Jute Co's case [(1952) Lab AC 62], in its dictionary sense means refusal on the part of an employer to furnish to his operatives except on conditions to be accepted by the latter collectively, Feroz Din v. State of West Bengal AIR 1960 SC 363 (367): (1960) 2 SCR 319. [Industrial Disputes Act, 1947 (14 of 1947)]It means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ and number of persons employed by him. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (l)...
Strike
Strike, is of an artificial character and does not represent any legal definition or description. It is an agreement between persons who are working for a particular employer, not to continue working for him, Bankey Lal v. State of Uttar Pradesh, AIR 1959 All 614: (1957) 2 Lab LJ 231.Means a total or partial cessation of work by employees employed in an industrial undertaking acting in combination or a concerted refusal or a refusal under a common understanding of em-ployees to continue to work or to accept work where such cessation or refusal is in consequence of an industrial dispute in any industry, Mill Manager, Model Mills Nagpur Ltd. v. Dharam Das, AIR 1958 SC 311.Strike. The (English) Trade Disputes and Trade Unions Act, 1927 (17 & 18 Geo. 5, c. 22), by s. 8 provides:-The expression 'strike' means the cessation of work by a body of persons employed in any trade or industry acting in combination, or a concerted refusal under a common understanding of any number of persons who are...
Shall be deemed to be discharged
Shall be deemed to be discharged, the expression 'shall be deemed to be discharged' has to be read in the context of the declaration of a lock-out, and the intention of the company was that the employees whose employment had been refused during the period of lock out were to be permitted to resume work without any conditions if they reported for duty by a particular date and on fulfillment of a condition if they reported for duty after that date, Indian Iron and Steel Co. Ltd. v. Their Workmen, AIR 1958 SC 130: (1958) SCR 667....
Trade dispute
Trade dispute, means a dispute between two countries arising from tariff rates or other matters related to international commerce, Black's Law Dictionary, 7th Edn., p. 1500.This expression is defined in s. 5 (3) of the (English) Trade Disputes Act, 1906, as follows:-'Trade dispute' means any dispute between employers and workmen, or between workmen and workmen, which his connected with the employment or non-employment or the terms of the employment, or with the conditions of labour, of any person, and the expression 'workmen' means all persons employed in trade or industry whether or not in the employment of the employer with whom a trade dispute arises.By s. 1, 'An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable.' But the provisions of the Act shall not apply to any act done in contemplation or furthera...
Locke's Act
Locke's Act (English), (23 & 24 Vict. c. 127), the Solicitors Act, 1860, amending the law as to the admission etc., of solicitors. Secs. 22 (in part) and 34, 35 have not been repealed by the Solicitors Act, 1932 (23 & 24 Geo. 5, c. 37).Locke-King's Act (English) (17 & 18 Vict. c. 113), the Real Estates Charges Act, 1854 (amended by the Real Estate Charges Act, 1867 and 1877 (30 & 31 Vict. c. 69, and 40 & 41 Vict. c. 34)), whereby the heir or devisee of real estate was first precluded from claiming payment of a mortgage on such estate out of the personal assets of the ancestor or testator. In respect of deaths after 1925, both these Acts were repealed and reproduced and extended by the Administration of Estates Act, 1925; see s. 35....
The closure of the place of business and not itself
The closure of the place of business and not itself, the distinction between a lockout and a closure has been explained by the decision of this Court in the Management of Express Newspapers Ltd. v. Workers and Staff employed under it, AIR 1963 SC 569: (1963) 3 SCR 540. It was pointed out in that case that in the case of a closure the employer does not merely close down the place of business but he closes the business itself finally and irrevocably. A lock-out on the other hand indicates the closure of the place of business and not closure of the business itself. It is now well-established that in the case of a closure the employer does not merely close down the place of business but he closes the business finally and irrevocably, Tatanagar Foundry Co. Ltd. v. Their Workmen, AIR 1970 SC 1960: (1969) 3 SCC 464: (1970) 3 SCR 8....
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
lock-in
lock-in since interest rates can change frequently, many lenders offer an interest rate lock-in that guarantees a specific interest rate if the loan is closed within a specific time. Source: U.S. Department of Housing and Urban Development ...
Pick-lock
Pick-lock, an instrument by which locks are opened without a key....
Continuous service
Continuous service, means uninterrupted service, and includes service which may be interrupted merely on account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a cessation of work which is not due to any fault on the part of the workman, and a workman, who during a period of twelve calendar months has actually worked in an industry for not less then two hundred and forty days shall be deemed to have completed one year of continuous service in the industry, Sri Ram Industrial Enterprises Ltd. v. Mahak Singh, (2007) 4 SCC 94....
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