My employer in Mumbai has locked us out without notice, is this a legal lockout?

Detailed Legal Analysis

A lockout by an employer is regulated under the Industrial Disputes Act, 1947, and the Maharashtra Rent Control Act 1999 rules for public utility and non-public utility services. For public utility services, the employer must give notice and follow the same procedure as for a strike under Section 22.

The Bombay High Court has held that a lockout declared as a reprisal to a lawful strike or without following statutory procedure is illegal. An illegal lockout entitles workmen to full wages for the period of the lockout.

The employer in Mumbai cannot declare a lockout during the pendency of conciliation or adjudication proceedings. The Labour Commissioner can intervene and refer the matter to the appropriate forum for resolution.