Section 62 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 62 is the rulebook for strikes and lock-outs in every industrial establishment under the Code. No worker may strike in breach of contract, and no employer may lock out, without notice, and never while certain proceedings are pending or an award or settlement is in operation. The notice is to be given within sixty days before striking and the action cannot start within fourteen days of the notice. Employers who need to set up a notice register can look to our labour law compliance work.
A person employed in an industrial establishment cannot strike in breach of contract without notice within sixty days before striking, within fourteen days of giving notice, before the date in the notice, during conciliation and seven days after, during Tribunal or National Industrial Tribunal proceedings and sixty days after, during arbitration (where a s.42(5) notification is issued) and sixty days after, or while a settlement or award is in operation on the matters it covers. The same seven grounds bar an employer's lock-out (s.62(1), (2)).
The seven bars
| Ground | Strike: s.62(1) | Lock-out: s.62(2) |
|---|---|---|
| (a) No notice given within sixty days before striking or locking out | (a) | (a) |
| (b) Within fourteen days of giving notice | (b) | (b) |
| (c) Before the expiry of the date specified in the notice | (c) | (c) |
| (d) During conciliation proceedings and seven days after their conclusion | (d) | (d) |
| (e) During Tribunal or National Industrial Tribunal proceedings and sixty days after conclusion | (e) | (e) |
| (f) During arbitration and sixty days after conclusion, where a notification has been issued under s.42(5) | (f) | (f) |
| (g) While a settlement or award is in operation, for matters covered by it | (g) | (g) |
The strike bar applies to "no person employed in an industrial establishment ... in breach of contract"; the lock-out bar applies to "no employer of an industrial establishment ... any of his workers". The scope of a strike is given in the definition (see section 2 definitions of lay-off, closure, retrenchment, strike and lock-out).
Reading the notice periods
- Sixty days before striking: notice must be given within the sixty days before the strike. A notice given earlier does not serve.
- Fourteen days: the strike cannot begin within fourteen days of giving notice. So the window for a lawful strike opens on the fifteenth day and closes sixty days after the notice is given, if read with clause (a).
- Date in the notice: the strike cannot start before the date the notice itself specifies (clause (c)).
- Proceedings: what counts as "pendency" and "conclusion" is in s.60 (see sections 60 and 61). The bar after conciliation is seven days, after Tribunal proceedings sixty days.
Example (invented). A union gives notice on day 1 naming day 20 as the start date. Day 20 is more than fourteen days after notice and within sixty days of it, so clauses (a) to (c) are met. The conciliation officer holds a first meeting on day 5 and records failure on day 25, and the union has not yet struck. Section 62(1)(d) now bars the strike until seven days after day 25, even though the date in the notice has passed.
Existing strikes or lock-outs and reporting: s.62(3)
Notice is "not necessary where there is already in existence a strike or, as the case may be, lock-out". The employer must send intimation of such a lock-out or strike on the day on which it is declared to the authority specified by the appropriate Government, generally or for an area or class of services.
Who gives notice and how: s.62(4), (5), (6)
- Strike notice: "given by such number of persons to such person or persons and in such manner, as may be prescribed" (s.62(4)).
- Lock-out notice: "in such manner as may be prescribed" (s.62(5)).
- Employer's report: if on any day an employer receives a strike notice, or gives a lock-out notice, the employer must within five days report to the appropriate Government or prescribed authority and to the conciliation officer the number of notices received or given on that day (s.62(6)).
Central Rules, 2026: rules 25 and 26
These rules apply to Central-sphere establishments; where the State Government is the appropriate Government, the State's own rules apply. The Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026) provide:
| Rule | Who gives notice | Form | To whom | Other points |
|---|---|---|---|---|
| 25(1) | Workers, for a strike | Form XI | The employer | Signed by the Secretary of the concerned registered Trade Union, or where there is none by five elected representatives of the workers; a copy electronically or by speed post to the conciliation officer, Chief Labour Commissioner (Central) and Secretary, Ministry of Labour and Employment |
| 25(2) | Date of receipt by the employer is the date for s.62(1)(a) | |||
| 25(3) | Employer, on receipt | Conciliation officer and Chief Labour Commissioner (Central) | Intimation electronically within five days of receipt | |
| 26(1) | Employer, for a lock-out | Form XII | Secretary of every registered Trade Union of the establishment, by speed post or electronically | Copy endorsed to the conciliation officer, Chief Labour Commissioner (Central) and Secretary, Ministry of Labour and Employment |
| 26(2) | Displayed on the notice board or electronic board at the main entrance; copy may be posted on a designated portal; date of receipt by the conciliation officer counts for rule 23(1)(a) | |||
| 26(3) | Employer | Conciliation officer and Chief Labour Commissioner (Central) | Inform electronically within five days of giving lock-out notice |
Rule 23(1)(a) then requires the conciliation officer, on receipt of a strike or lock-out notice, to enter the details on the designated portal and hold conciliation. See sections 53 and 54 for the report timing, including the fourteen-day report after a s.62 notice.
Practical points
- Employers: log every notice received on the day, calculate the five-day reporting date, and do not lock out without a compliant notice. Our labour law compliance team can help you set up the notice register and calendar.
- Unions: count both the fourteen-day and the sixty-day limits, and check whether conciliation or Tribunal proceedings are pending or recently concluded before fixing the date.
- Both: consequences of an illegal strike or lock-out are in section 63.
For the old-law comparison on strikes, see Strikes: legal and illegal under sections 22-24.
Need help with a strike or lock-out notice?
Strike and lock-out notices turn on exact dates and forms. Our labour law compliance team can help employers check a notice received, prepare a lock-out notice and set the five-day reporting steps.
Key takeaways
- Strikes and lock-outs are barred without notice given within sixty days before, or within fourteen days after giving notice, or before the notice date (s.62(1), (2)).
- They are also barred during conciliation and seven days after, Tribunal proceedings and sixty days after, and while a settlement or award operates.
- An employer who receives a strike notice or gives a lock-out notice reports within five days (s.62(6)).
- Central Rules: Form XI for strike, Form XII for lock-out (rules 25, 26).
Read next
- Section 60-61: conciliation proceedings timing and confidential information
- Section 63-64: illegal strikes and lock-outs and financial aid
- Section 58: period of operation of settlements and awards
- Industrial Disputes Act 1947: retrenchment, closure and strike-lockout rules
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.