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STRIKE

Introduction :- Strike results in the stoppage of production which affects the resources and efficiency of
the economy of the country.Strike is a powerful weapon used by the trade unions or other associations or
workers to put across their demands or grievances by the employer or management of the industries.In other
way it is stoppage of work.Workers put pressure on the employers by refusal to work till fulfillment of their
demands.

As per the Cambridge Dictionary,Strike is to refuse to continue working because of the arguement with an
employer about working conditions,pay level or job losses.

As per Sec 2(q) of Industrial Dispute Act 1947,Strike means a cessation of work by a body of persons
employed in any industry acting in any combination,or a concreted refusal,refusal under a common
understanding,of any number of persons who are or have been so employed to continue to work or to accept
the employement.

TYPES OF STRIKES
Based on the phenomenon of strikes around the world,Strikes may be categorised into following types:-

 General Strike
 Stay in Strike
 Go Slow Strike
 Work to Rule
 Sympathetic Strike

1.General Strike:- It means the strike of all the workers in a particular region or industry to force the
demands that are common to all the workers.These strikes are usyally intended to create political pressure on
the rulling government rather than on any one employer.

2.Stay in Strike:- It is the type of strike in which employees come to work take their seats but donot work
alsodeny to leave the office premises when asked to do so.This is called Stay in Strike.

In the case of Mysore Machinery Manufacture vs State,the employees refused to leve the premises when the
employer dismissed them.The court held that this is a criminal trespass but not a strike.

3.Go Slow Strike:- In this type of strike,workers donot stop working but they slow down the entire process
of production in order to cause loss of production to the employer.This amounts to serious case of misconduct.

Case:-Sasa Musa Sugar Works Pvt Ltd vs Shobrati Khan & Ors,In this case SC said that in go slow strike
there is no stoppage of work.Therefore not considered as strike

.
4.Work to Rule:- In this kind,workers come to work occpy their duties but they work or function rule by
rule.

5.Sympathetic Strike:- In this type, the workers of the one department,unit or industry go on strike in
support of another department,unit or industry who are already on strike.

LEGAL PROVISONS OF STRIKE IN INDIA

Section 22,23, and 24 all recognize the right to strike whereas Sec 24 differentiates between a legal strike and
an illegal strike.

 Procedure to go on Strike is that proposal to go on Strike should be intimated to the management by


way of prior notice within 6 weeks before striking.14 days of stipulated time period should be given
so as to respond or react so as to avoid the strike.
 During this 14 days no workmen can go on strike.
 Only after expiry of that 14 days,workers can go on strike if the management fails to respond or
resolve the dispute within that 14 days.
 Such strike should be done before the expiry of 6 weeks only.

Sec 23 talks about the general prohibition of Strike:-The provisons of sec 23 are general in
nature.It imposes general restriction on declaring strike on breach of contract in both publiv utility
services as well as non public utility service in following circumstances mainly:
 During the pendency of conciliation proceedings & till expiry of 7 days after conclusion of such
proceeding
 Pendency of proceeding before labour court,tribunal & NT & 2 months after the conclusion
 When he settlement of award is in operation

The principle object of this Sec 23 is to ensure a peaceful atmosphere to enable a conciliation,adjudication or
arbitration proceedings to go on smoothly.

THE STRIKE WILL ILLEGAL IF:- (Sec 24)

 If it is done in the breach of contract of employement


 If it contravenes Sec 22 & 23
 If commenced during award or settlement period
 If commenced during or within 7 days of conciliation proceedings
 If notice u|s22(1) is not given.
RIGHT TO STRIKE AS A FUNDAMENTAL RIGHT

Strike is not expressly recognized in the constitution of India.The SC settled the case of Kameshwar Prasad
vs The State of Bihar on 7 July 1958 by stating that Strike is not a fundamental right.It is only legal when the
employees follow the proper procedure tp go on the strike that is given in the Industrial Dispute Act,1947.

So,In India,Right to Strike is not a fundamental right but a legal right and with this right statutory restriction is
attached in the Industrial Dispute Act 1947.

On the other hand,in a momentous decision released on 30 Jan 2015 the SC of the Canada ruled in the case of
Saskatchewan Federation of Labour vs Saskatchewan that there is a right to strike in Canada.In this,5-2
majority decision ruled that Right of Strike is an essential part of meaningful collective bargaining process in
our system of labour relations is supported by history,jurisprudence & by Canada International Obligation.

In this case,Right to Srikes is protected under the Canadian Charters of Right and Freedom.It was the five
Judge Majority decision in favour of the unions.

In India the Strike is much more different as compare to the other countries because In India Strike creates
social disturbance and becomes the issue of the great concern.It may cause economic loss to the country.Also
in some cases the strike becomes violent too as sometimes it hits all over India.Strike in India not only injures
the party against whom it is directed but the society as a whole.Sometimes it amounts to common law offences
such as obstruction,molestation,intimidation as well as It creates nuisance.Making Strikes in India cause many
problems to the common people as they cannot step out from their houses or go out for some places.These
strikes stops everything in the society.So industrial disputes may affect the whole community as the adverse
affects are not confined to employees.

Whereas In Canada,strikes are fundamental right of workers.It can be the reason that strikes there limited to the
working class only.The strike remains in the workers itself.They do not cause nuisance and also the other
people are not affected with their strike.They don’t create violence during their strikes.It may be the reason that
Right to Strike in Canada is fundamental and protected by the constitution.

CONCLUSION
Strikes causes economic loss,creates environment of distrust among people and affects the working of
government also.On the whole,it is observed that strike is not a fundamental right in India.Industrial Dispute
Act limits the act of strikers and given the legal right of going on strike as stipulated in Sections 22,23 and
24.Right to Strike under the 1947 act is very much limited and regulated.