In India unlike America right to strike is not expressly recognized by the law. The trade union Act, 1926 for the first time provided limited right to strike by legalizing certain activities of a registered trade union in furtherance of a trade dispute which otherwise breach of common economic law. Now days a right to strike is recognized only to limited extent permissible under the limits laid down by the law itself, as a legitimate weapon of Trade Unions.
The right to strike in the Indian constitution set up is not absolute right but it flow from the fundamental right to form union. As every other fundamental right is subject to reasonable restrictions, the same is also the case to form trade unions to give a call to the workers to go on strike and the state can impose reasonable restrictions. In the All India Bank Employees Association v. I. T. , the Supreme Court held,
"the right to strike or right to declare lock out may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause (4) of article 19 but by totally different considerations."
Thus, there is a guaranteed fundamental right to form association or Labour unions but there is no fundamental right to go on strike. Under the Industrial Dispute Act, 1947 the ground and condition are laid down for the legal strike and if those provisions and conditions are not fulfilled then the strike will be illegal.
Provision of valid strike under the Industrial Dispute Act, 1947-
Section 2(q) of said Act defines the term strike, it says, "strike" means a cassation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or accept employment. Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise there strike deemed to be an illegal strike. Section 22(1) of the Industrial Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person employed in public utility service shall go on strike in breach of contract:
(a) Without giving to employer notice of strike with in six weeks before striking; or
(b) Within fourteen days of giving such notice; or
(c) Before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
It is to be noted that these provisions do not prohibit the workmen from going on strike but require them to fulfill the condition before going on strike. Further these provisions apply to a public utility service only. The Industrial Dispute Act, 1947 does not specifically mention as to who goes on strike. However, the definition of strike itself suggests that the strikers must be persons, employed in any industry to do work.
From India, Tirunelveli
2The right to strike in the Indian constitution set up is not absolute right but it flow from the fundamental right to form union. As every other fundamental right is subject to reasonable restrictions, the same is also the case to form trade unions to give a call to the workers to go on strike and the state can impose reasonable restrictions. In the All India Bank Employees Association v. I. T. , the Supreme Court held,
"the right to strike or right to declare lock out may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause (4) of article 19 but by totally different considerations."
Thus, there is a guaranteed fundamental right to form association or Labour unions but there is no fundamental right to go on strike. Under the Industrial Dispute Act, 1947 the ground and condition are laid down for the legal strike and if those provisions and conditions are not fulfilled then the strike will be illegal.
Provision of valid strike under the Industrial Dispute Act, 1947-
Section 2(q) of said Act defines the term strike, it says, "strike" means a cassation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or accept employment. Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise there strike deemed to be an illegal strike. Section 22(1) of the Industrial Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person employed in public utility service shall go on strike in breach of contract:
(a) Without giving to employer notice of strike with in six weeks before striking; or
(b) Within fourteen days of giving such notice; or
(c) Before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
It is to be noted that these provisions do not prohibit the workmen from going on strike but require them to fulfill the condition before going on strike. Further these provisions apply to a public utility service only. The Industrial Dispute Act, 1947 does not specifically mention as to who goes on strike. However, the definition of strike itself suggests that the strikers must be persons, employed in any industry to do work.
From India, Tirunelveli
Yes even partial stoppage of work for 3 hours 30 minutes would be considered as strike.
"Strike" means a cessation of work by a body of persons employed in any industry, acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.
The definition and use of the word 'strike' has been going transformation around the basic concept of stoppage of work or quitting of work by employees in their economic struggle with capital. In order to constitute strike in its technical sense it is necessary that there should be cessation of work but it is not necessary that there must be total suspension of work because even partial stoppage of work for 3 hours 30 minutes would be strike. So, cessation of work for short duration will also be strike. The Courts in India have even gone to the extent of observing that cessation of work even for 15 to 20 minutes or half-an-hour is strike, provided it is established that the workmen not off their duty and were required to report and work during the said period and the cessation of work was in concert. The term 'concert' means 'to accord together'. It would thus be seen that the action of an individual who absents himself to enforce a demand for higher wages shall not constitute strike. The reason is that the term 'strike' in its broad significance has reference to a dispute between employer and employees in the course of which there is concerted suspension of employment. The other important ingredient to constitute strike is that 'cessation of work in concert' should be in defiance of management's authority. To summarise, the essential ingredients of the definition of 'strike' as given in Section. 2(q) of the Act may be treated under the following heads:
Cessation of work or refusal of work
(a). Cessation of work:
there should be cessation of work, and
such cessation should be by a body of persons employed in the industry acting in combination, or
(b). Refusal to work:
there should be concerted refusal under a common understanding, and
such refusal should be by any number of persons employed in the industry to continue to work or to accept employment.
Thus the definition of 'strike' postulates three main ingredients, namely,
plurality of workmen,
cessation of work or refusal to do work, and
combined or concerted action.
The first pre-requisite of strike is cessation of work. Hunger-strike cannot, therefore, be called strike in as much as in hunger strike there need not necessarily be cessation of work. But when hunger strike is accompanied by cessation or suspension of work, then that would, 'of course constitute strike'. Similarly, 'go-slow' would not technically be a strike though go-slow tactics also are generally resorted to by the workers for compelling the employer to yield to their demand. The workers have got the right to strike but there is no such right to adopt 'go-slow' tactics which are more reprehensible in character than strike. Some difficulty may, however, arise in distinguishing 'go-slow tactics' from 'stay-in strike'. In case the workers do not work at all, that will, of course, amount to strike notwithstanding that they make the pretence of working. If, however, the quantum of work is much below the usual quantum of work, then it will technically be go-slow. In fact, 'go-slow' is a technical word which is used in describing the tactics of workmen when they reduce the speed of work or adopt dilatory tactics to reduce the usual production while pretending to be engaged on work.
From India, Tirunelveli
"Strike" means a cessation of work by a body of persons employed in any industry, acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.
The definition and use of the word 'strike' has been going transformation around the basic concept of stoppage of work or quitting of work by employees in their economic struggle with capital. In order to constitute strike in its technical sense it is necessary that there should be cessation of work but it is not necessary that there must be total suspension of work because even partial stoppage of work for 3 hours 30 minutes would be strike. So, cessation of work for short duration will also be strike. The Courts in India have even gone to the extent of observing that cessation of work even for 15 to 20 minutes or half-an-hour is strike, provided it is established that the workmen not off their duty and were required to report and work during the said period and the cessation of work was in concert. The term 'concert' means 'to accord together'. It would thus be seen that the action of an individual who absents himself to enforce a demand for higher wages shall not constitute strike. The reason is that the term 'strike' in its broad significance has reference to a dispute between employer and employees in the course of which there is concerted suspension of employment. The other important ingredient to constitute strike is that 'cessation of work in concert' should be in defiance of management's authority. To summarise, the essential ingredients of the definition of 'strike' as given in Section. 2(q) of the Act may be treated under the following heads:
Cessation of work or refusal of work
(a). Cessation of work:
there should be cessation of work, and
such cessation should be by a body of persons employed in the industry acting in combination, or
(b). Refusal to work:
there should be concerted refusal under a common understanding, and
such refusal should be by any number of persons employed in the industry to continue to work or to accept employment.
Thus the definition of 'strike' postulates three main ingredients, namely,
plurality of workmen,
cessation of work or refusal to do work, and
combined or concerted action.
The first pre-requisite of strike is cessation of work. Hunger-strike cannot, therefore, be called strike in as much as in hunger strike there need not necessarily be cessation of work. But when hunger strike is accompanied by cessation or suspension of work, then that would, 'of course constitute strike'. Similarly, 'go-slow' would not technically be a strike though go-slow tactics also are generally resorted to by the workers for compelling the employer to yield to their demand. The workers have got the right to strike but there is no such right to adopt 'go-slow' tactics which are more reprehensible in character than strike. Some difficulty may, however, arise in distinguishing 'go-slow tactics' from 'stay-in strike'. In case the workers do not work at all, that will, of course, amount to strike notwithstanding that they make the pretence of working. If, however, the quantum of work is much below the usual quantum of work, then it will technically be go-slow. In fact, 'go-slow' is a technical word which is used in describing the tactics of workmen when they reduce the speed of work or adopt dilatory tactics to reduce the usual production while pretending to be engaged on work.
From India, Tirunelveli
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Industrial Relations.ppt
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