10. Prohibition of strike, lock-out, picketing and termination of service pending recognition of a trade union.

(1) No workman shall go on strike or do anything which is rendered lawful by virtue of the proviso to section 40(1) for whatever reason during the pendency of proceedings under section 9, or after the decision of the Minister thereunder by reason of any dissatisfaction with such decision.

(2) No employer shall declare a lock-out or terminate the services of a workman once a trade union of workmen has served on the employer or a trade union of employers to which the employer belongs a claim for recognition under section 9 (2) in respect of workmen or a class of workmen:

Provided that this restriction shall not apply -

(a) where a dismissal is effected on disciplinary grounds; or

(b) where the claim for recognition has been resolved under section 9 (4A) or where a decision thereon has been made by the Minister under section 9 (5).

(3) For the purpose of subsection (2) “lock-out” includes -

(a) the closing of a place of employment; or

(b) the suspension of work; or

(c ) the refusal by an employer to continue to employ any number of workmen employed by him,

effected during the pendency of proceedings under section 9.

 

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