2
CAP. 61]
Illegal Strikes and Lock-outs.
[1964 Ed.
11
Protection of persons refusing to take part in illegal strikes, or lock-outs.
17 & 18 Geo. 5, c. 22, s. 2.
Breach of contract of
service to be an offence in certain cases.
38 & 39 Vict. c. 86, 1. 4.
(3) For the purposes of this section a trade dispute shall not be deemed to be within a trade or industry unless it is a dispute between employers and workmen, or between workmen and work- men in that trade or industry, which is connected with the employ- ment or non-employment or the terms of the employment, or with the conditions of labour, of persons in that trade or industry.
(4) Without prejudice to the generality of the expression "trade or industry", workmen shall be deemed to be within the same trade or industry if their wages or conditions of employment are determined in accordance with the conclusions of the same joint industrial council, conciliation board or other similar body or in accordance with agreements made with the same employer or group of employers.
(5) No person shall declare, instigate, incite others to take part in, or otherwise act in furtherance of, a strike or lock-out expressed by this Ordinance to be illegal:
Provided that no person shall be deemed to have committed an offence under this section or at common law by reason only of his having ceased work or refused to continue work or to accept employment.
(6) For the purpose of this section a strike or lock-out shall not be deemed to be calculated to coerce the Government unless such coercion ought reasonably to be expected as a consequence thereof.
4. (1) No person refusing to take part or to continue to take part in any strike or lock-out which is by this Ordinance expressed to be illegal shall be, by reason of such refusal or by reason of any action taken by him under this section, subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he would otherwise be entitled, or liable to be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union or society, anything to the contrary in the rules of the trade union or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the reference of disputes to arbitration shall apply to any proceed- ing for enforcing any right or exemption secured by this section, and in any such proceeding the court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as the court thinks just.
5. (1) No person who is employed in the service of the Crown under the Government or by any company, firm or person engaged in supplying water, electric current or gas to the public, or engaged in maintaining any public tramway, bus service or public ferry, or engaged in maintaining any telephone or sanitary