Therefore, if it does not involve violence, it is a contravention of the employers’ rights. Their Workmen, the Supreme Court stated that a sit-down strike is not justified by any means. A sit-down strike aims at ruining production. However, the employees thereafter sit idly and do nothing. It involves reporting by employees for duty in their workplaces, taking their positions in their various areas of work. The judgement was in favour of the employees and the petitioners and stated that ‘to strike’ is the right of the workers though not a fundamental right. State of Bihar and Union of India, the petitioner and other employees in the state of Bihar filed a case before the High Court against the Bihar Government Servant’s Conduct Rules, 1956, Rule 4-A that forbid workers from protesting or commencement any strike. Strike can be executed if the management is not able to settle the conflict within the given time period. Employees have to give the notice to the management of industry at least 24 hours in advance before the strike. It is a legal strike since it follows the protocols as mentioned in the Industrial Dispute Act. It means where the workmen join together for a common cause and stay away from work, denying the employer of their labour necessary to run the industry. The strikers must have been acting in collaboration.The refusal of work must be accompanied by a concerted action for the fulfillment of the industrial demand.There must be a relationship between employee and employer between them.The strike must be fall under the definition of the industry as given in Section 2(j) of the Industrial Disputes Act.There are some requirements for the continuation of the strike : A duration of 7 days after the settlement of the conciliation litigation. The employer has to give a notice as a reply to the strike within six weeks before the strike ends, and the time mentioned in the notice expires. It is done with the objective of forcing an employee to meet their particular demands. The duration of the strike is irrelevant. Thus, in simple terms, a strike is the walkout from work by a body of workmen employed in an industry acting in concert. IntroductionĪ strike is defined under Section 2(q) of the Industrial Disputes Act, 1947 as the stoppage of work by a body of persons employed in any industry acting as a combination, or a concerted denial, or a denial under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment. As every fundamental right is limited by reasonable restrictions, the same is in the case of this right to form trade unions to provoke the workers to go on strikes and the state can inflict reasonable restrictions. The right to strike in the Indian Constitution set up is not a definite right but it flows from the Fundamental Right to form a Union. Most of the countries, especially India, are dependent on foreign investments, under such circumstances, it is necessary to keep some safeguards corresponding to industrial laws so that there will be no misuse of the right to strike. As a legal weapon of trade unions, a right to strike is perceived only to a limited extent possible under the limits laid down by the law itself. For the first time, the Trade Union Act, 1926, gives limited right to strike by legitimizing certain activities in furtherance of a trade dispute which otherwise is a contravention of common economic law. But in today’s scenario, each country of globe whether it’s democratic, capitalist, socialist, gives the right to strike to the workers. The right to strike in India is not expressly perceived by the law. It also provides a means to achieve their basic rights. Strikes and lockouts provide a means of communication during the time of differences and disagreements in opinions. Strikes and lockout are the last expedient actions taken by the employees and employers respectively to make sure that they both get what they are demanding.
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