![]() 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. Strike, therefore, is a social necessity for promoting or defending a just economic interest of working class.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 started basically as weapon of self-defence against the arbitrary and unjust policy of the management. The first recorded use of the phrase “to strike work” appeared in 1768 at the beginning of Industrial revolution in UK. It is simultaneous cessation of work by labour or workers temporarily in order to express grievance or to enforce a demand concerning changes in work condition. It is an agreement between persons who are working for a particular employer, not to continue working for him. The word strike is an artificial character and does not represent any legal definition or description. Strikes are important not only from industrial point of view but also from social and economic points of view as well as they leave an impact on the society as they do on labour and employees. The weapon is stoppage of work, which popularly known as strike. 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. 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 Strike – Introduction 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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