JUSTIFICATION OF LOCK-OUT AND WAGES FOR LOCK-OUT PERIOD :

A lock-out in violation of the statutory requirements is illegal and unjustified and workers are entitled to wages for the lock- out period. For legal lock-out, no wages are payable to workmen. But where the lock-out, though legal is declared with the ulterior motive of victimisation of workmen or has been continued for unreasonable period of time, it is unjustified and the workmen are entitled to wages. In Lord Krishna Sugar Mills Ltd. v. State of U.P. (1964) II L.L.J. 76 (All), it was observed that locking-out the workmen without any prior notice to them and as are taliatory measure to terrorise them, is illegal or unjustified. Where illegal or unjustified strike is followed by an unjustified lock out, the wages for lock-out period will depend upon the extent of blame for each others act (India Marine Services (P) Ltd. v. Their Workmen, (1963) I L.L.J. 122 S.C.).