26. Penalty for illegal strikes and lock-outs.—(1) Any workman who commences, continues or
otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with
imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees,
or with both.
(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is
illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month,
or with fine which may extend to one thousand rupees, or with both.
27. Penalty for instigation, etc.—Any person who instigates or incites others to take part in, or
otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable
with imprisonment for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
28. Penalty for giving financial aid to illegal strikes and lock-outs.—Any person who knowingly
expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be
punishable with imprisonment for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
1. Ins. by Act 46 of 1982, s. 16 (w.e.f. 21-8-1984).
54
1
[29. Penalty for breach of settlement or award.—Any person who commits a breach of any term
of any settlement or award, which is binding on him under this Act, shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with both 2
[and where the
breach is a continuing one, with a further fine which may extend to two hundred rupees for every day
during which the breach continues after the conviction for the first] and the Court trying the offence, if it
fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by
way of compensation, to any person who, in its opinion, has been injured by such breach.]
STATE AMENDMENT
Kerala
Insertion of new section 29A.—After section 29 of the principal Act, the following section shall be
inserted, namely:—
“29A. Penalty for failure to comply with an order issued under section 10B.—Any person
who fails to comply with any provisions contained in any order made under sub-section (1) of section
10B shall be punishable with imprisonment for a term which shall not be less than six months but
which may extend to one year and with fine."]
[Vide Kerala Act 30 of 1979, s. 3]
30. Penalty for disclosing confidential information.—Any person who wilfully discloses any such
information as is referred to in section 21 in contravention of the provisions of that section shall, on
complaint made by or on behalf of the trade union or individual business affected, be punishable with
imprisonment for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
3
[30A. Penalty for closure without notice.—Any employer who closes down any undertaking
without complying with the provisions of section 25FFA shall be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to five thousand rupees, or with
both.]
STATE AMENDMENT
Rajasthan
Insertion of new section 30A in Central Act 14 of 1947.— After section 30 of the principal Act, the
following new section shall be inserted, namely:-
"30A. Penalty for contravention of an order made under section 10K.---Any person who
contravenes an order issued by the State Government in pursuance of section 10K of the Act shall, on
conviction, be punishable with imprisonment for a term which may extend to one year or with fine
which may extend to two thousand rupees or with both.".
[Vide Rajasthan Act 14 of 1970, s. 7]
31. Penalty for other offences.—(1) Any employer who contravenes the provisions of section 33
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
(2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no
other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine
which may extend to one hundred rupees.
STATE AMENDMENT
Union Territory of Jammu and Kashmir and Ladakh
Insertion of new section---After section 31, insert-
1. Subs. by Act 36 of 1956, s. 20, for section 29 (w.e.f. 17-9-1956).
2. Ins. by Act 35 of 1965, s. 6 (w.e.f. 1-12-1965).
3. Ins. by Act 32 of 1972, s. 3.
55
"31A. Compounding of offences.--(1) Any offence punishable under
sections 25Q, 25R, 25U, 26, 27, 28, 29, 30A and sub-sections (1) and (2) of section 31 may, either before
or after the institution of the prosecution, on an application by the alleged offender, be compounded by
such officer or authority as the appropriate Government may, by notification in the Official Gazette,
specify in this behalf for such amount as specified in the Table below:-
Table
S.N. Section Compounding amount
1 2 3
1 25Q 25 days wages last drawn by each workman.
2 25R 60 days wages last drawn by each workman.
3 25U (i) By each workman Rs. 150/- per day but not exceeding Rs. 3000/- in
aggregate;
(ii) By employer Rs. 300/- per day but not exceeding the amount in
aggregate as shown below:
Number of workmen employed in the
industry
Amount not exceeding
1 to 50 Rs. 5000/-
51 to 100 Rs. 8000/-
101 to 500 Rs. 12000/-
More than 500 Rs. 16000/-
4 26 (i) In case of illegal strike, Rs. 150/- per day by each workman but not
exceeding Rs. 3000/- in aggregate;
(ii) In case of illegal lock-out, Rs. 300/- per day by an employer but not
exceeding the amount in aggregate as shown below:
Number of workmen employed
in the industry
Amount not exceeding
1 to 50 Rs. 5000/-
51 to 100 Rs. 8000/-
101 to 500 Rs. 12000/-
More than 500 Rs. 16000/-
5 27 and
28
As per section 26 above for illegal strike and lockout.
6 29 Rs. 200/- per day in respect of each of the workman.
7 30A 25 days wages last drawn by each workman.
8 31(1) Number of workmen For first For For third
56
employed in the industry occasion second
occasion
occasion
1 to 50 Rs.
5000/-
Rs.
10,000/-
Rs. 15,000/-
51 to 100 Rs.
8000/-
Rs.
16,000/-
Rs. 24,000/-
101 to 500 Rs.
12000/-
Rs.
24,000/-
Rs. 36,000-
More than 500 Rs.
16000/-
Rs.
32,000-
Rs. 48,000/-
9 31(2) For each workman, for the first offence Rs. 1000/- for the second offence Rs.
2000/- and for the third offence Rs. 3000/-
(ii) For employer:
Number of workmen
employed in the industry
For first
occasion
For
second
occasion
For third
occasion
1 to 50 Rs.
1500
Rs. 3000 Rs. 6000
51 to 100 Rs.
3000
Rs. 6000 Rs. 10000
101 to 500 Rs.
4000
Rs. 8000 Rs. 15000
More than 500 Rs.
5000
Rs. 10000 Rs. 20000:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said
specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than
three occasions shall not be compoundable:
Provided also that such offences shall be compoundable only after the alleged offender has acted to
the satisfaction of such officer or authority that such offence is not continued any further:
Provided also that when an offence is compounded on an application by the employer, then the
compounding amount received from him, shall be paid to the concerned workman or equally amongst the
workman and if any workmen are not identifiable, then the remaining amount shall be deposited in such
manner as may be notified by the appropriate Government.
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be
taken against the offender in respect of such offence and the offender, if in custody, shall be released or
discharged.”
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-
2020).]