![]() It has rightly been said, “the interests and rights the workers may seek to promote and protect through strikes are multitudinous. The ingredients of a strike as laid down in this section are – (a) cessation of work, (b) plurality of workmen who should cease to work or stop working, (c) refusal should be by a concerted action or under common understanding, (d) Refusal should be by person who are or have seen so employed in an industry. However, unions also give call of strike and participate in strike action for various other reasons as well such as anti-labour policies and measures of government, arrest of leaders, political rivalries and similar other broad issues. From this point of view, a strike may be considered a method of settling industrial disputes. When all other options for amicable settlement of an industrial dispute have exhausted and negotiations with the employer have failed, the workmen resort to strike action. The provision of an alternative to a strike in shape of industrial adjudication may be reasonable if it is effectively executed.Ī strike is commonly considered the last weapon in the armoury of organised labour for settling industrial disputes. It should be emphasized that right to strike is not a fundamental right and is being used for issues, which are minor and flimsy. ![]() We can’t afford the luxury of strikes and lockouts. It is essential that we emphasize right to work and not right to strike. However, in other cases, Madras and Mumbai courts have specifically ruled that strike is not a fundamental right. Likewise, Allahabad and Bombay courts have passed similar judgments in some similar cases. Deodar Jha” observed that workers enjoy the fundamental right to resort to strike whenever they please in order to express their grievances or make certain demands. Patna High Court in a case “State of Bihar vs. Judges differ in their opinions on this issue. The right to strike is not a fundamental right in our Constitution. Strikes are illegal under the Indian Law only when penalties have been imposed for them for contravention of the provisions of Section 22, 23 & 24 of the Industrial Dispute Act (1947). If the workers still refuse to work, the employer may recruit fresh labour and may justify his case if the Tribunal demands. The Supreme Court has ruled that the Court should examine whether the management had taken all legal steps available to resolve the dispute and induce the workmen to resume work. The judiciary has also made an attempt in regard to designation of such strikes as justified. The attitude of law towards the right to strike now calls for regularisation of absence period with full wages. If an employer denies or refuses to give his workmen some benefits to which they are entitled, the law gives the concerned employees a weapon to force the employers to accede to their demands.Įvery strike is not illegal e.g., Collective Bargaining for securing improvement in matters like, basic pay, bonus, PF, DA, Gratuity, leave and holidays is not considered unjust and if a strike is resorted to induce a company to agree to such demands or at least to open negotiations must prima facie be considered justified. Strike is today regarded as a legitimate weapon for the workmen for the purpose of projecting their demands. Strike: Meaning, Definition, Types, Causes, Control and Prohibition When all other options for amicable settlement of an industrial dispute have exhausted and negotiations with the employer have failed, the workmen resort to strike action.Īccording to the Industrial Disputes Act, 1947, a strike is “a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under common understanding of any number of persons who are or have been so employed to continue to work or to accept employment” A strike is commonly considered the last weapon in the armoury of organised labour for settling industrial disputes.
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