In any Industrial endeavour co-operation of labour and capital is quite essential for its success, although they may

have interests contrary to each other. They have different strategies and weapons to ventilate their grievances and safeguard their interests.

WHAT IS STRIKE?
1. There must be cessation of work. 2. The cessation of work must be by a body of persons employed in any industry. 3. The strikers must be acting in combination. 4. The strikers must be working in any establishment which can be called industry within the meaning of sec 2 (j). 5. They must stop working for some demands relating to employment, non employment or the terms of employment or working conditions.

What is lockout?
Section 2(1) of the Industrial Disputes Act defines Lockout as the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him In essence, it is an Industrial action during which an employer withholds work, and denies employees access to the place of work. In effect, it is a strike by the management to compel a settlement to a labor dispute on terms favorable to the employer.

Strike by the Kingfisher Employees

Strike is one of the oldest and the most effective weapons of labour in its struggle with capital for securing economic justice. The basic strength of a strike lies in the labours privilege to quit work and thus brings a forced readjustment of conditions of employment. The employees, who are striking over nonpayment of dues for seven months, are insisting that the salaries be paid first before they resume duty.

Lockout by Kingfisher
Following a series of protracted and unabated incidents of violence, criminal intimidation, assault, wrongful restraint and other illegal acts including refraining from attending work, by a small section of recalcitrant employees. The airline said the action by the recalcitrant employees who have regrettably chosen to take law into their own hands forcing a complete paralysis of operations were all unnecessary and unprovoked. The operations got completely paralysed on Monday after pilots and some other staff joined the striking engineers protesting non-payment of salaries for the last seven months Before commencing legal action, the airline said it will make efforts to continue to engage with striking employees to persuade them not to indulge in any intimidatory tactics.

 Kingfisher had declared a lockout on September 28 till October 4 following the strike, cancelling its entire flight schedule, and extended it till October 12 later. This has now been extended till October 20. A statement issued by the Kingfisher Airlines said, "We regret that the illegal strike has still not been withdrawn and normalcy has not been restored in the Company, thereby continuing to cripple and paralyse the working of the entire Airline. In light of this, Kingfisher Airlines Ltd. has been constrained to extend the lock-out. Negotiations with the striking employees failed amid reports that airline is not in a position to pay the full salaries to its employees since the lenders have refused fresh funding

Our Opinion: Strike Justified, Not Lockout

Employees have not been paid since last 7 months due to which they went on strike. The strike is hence justified. The management offered the March salary to the employees and promised to pay the remaining six months salary once the airline is recapitalised. No fixed time was given.

Solution Proposed
Article 21: People's Union For Democratic right vs Union

Of India & Others on 18 September, 1982: SC held that right to wage is a fundamental right under article 21. FDI Merger with another company. Loan from other kingfisher entity. Termination of contract with one months pay and 3 months notice. Selling of assets: section 17 A of the Payment of Wages Act. Providing employment to employees in other organizations owned by the employer.

Wages during the strike period

Bank of India v T. S Kelawala : whether the strike is legal or illegal, the employees are not entitled to wages for the period of strike. The doctrine of no work , non pay was upheld. The Statesman Ltd. v Their workmen: the workmen had resorted to illegal strike following which the management had declared a lockout and thus the declaration of the lockout was legal. In view of the unreasonable attitude adopted by the management in continuing the lockout, the tribunal held that the blame for the strike and lockout had to be apportioned between both sides and accordingly ordered payment of half wages during the period of lockout.