1

S.N.D.T WOMEN’S UNIVERSITY LAW SCHOOL

LL.B. 1st Year (A.Y. 2023–24)
SEMESTER II

Subject: Labour & Industrial Law

Topic: –
 Strike

Submitted by:
Name: Pawar Vanshika Navanath.
Class: LL.B., 1st year
Roll No.: 41

Submission date:

Submitted to: Prof.- Adv. Jyoti Panicker

2

ACKNOWLEDGEMENT

I wish to express my sincere gratitude to my professor Adv. Jyoti Panicker who provided me
the opportunity to make this project which provided me with a lot of knowledge and
information.
Through this project, I was able to express my thoughts on paper and also learned to research
different topics. I would also like to thank my batch mates and the seniors who guided me in
this project.
Again I would like to thank all those who assisted me in making this project without them I
could not have completed the project.
3

INDEX
Sr. no Title Page no.
1 Introduction 4

2 Historical Background 5

3 Definition And Meaning of Strike 6&7

4 The Industrial Disputes Act, 1947: Provisions of 8 to 11

Valid Strike

5 Types Of Strike 12 & 13

6 Current Position of Strike in India. & Case Laws 14 & 15

7 International Law On Right To Strike 16

8 Conclusion 17

9 References 18
4

INTRODUCTION

The global economy predominantly operates on free-market capitalism, where each country's
economic success hinges on industrial production and financial gains. Labour and capital are
vital components of the industrial backbone, with their collaboration being crucial for
economic prosperity. However, there exists a power disparity favouring the capital class over
labour. In order to address grievances and protect the interests of workers, democratic tools
such as the formation of associations or unions, as well as collective bargaining, are utilized.

Industrial disputes arise from disagreements in industrial relations, which encompass various
aspects of interactions between employers and employees. These disputes result in
dissatisfaction among the involved parties, leading to forms of protest such as strikes and
lock-outs. The Industrial Disputes Act of 1947 aims to facilitate the peaceful resolution of
such conflicts and foster harmony between employers and employees.

It is recognized that with rights come responsibilities, and powerful rights entail greater
duties. While the right to strike is granted to workers in most countries, including democratic,
capitalist, and socialist ones, it should be considered a last resort. Misuse of this right can
disrupt industrial production and financial profitability, ultimately impacting the economy of
a country.

Given the dependence of many countries, particularly India, on foreign investment, it

becomes imperative for nations seeking such investment to incorporate safeguards in their
industrial laws to prevent the misuse of the right to strike. While the right to protest is
enshrined as a fundamental right under Article 19 of the Constitution of India, the right to
strike is not fundamental but rather a legal right, subject to statutory restrictions outlined in
the Industrial Dispute Act of 1947.
5

HISTORICAL BACKGROUND

Strikes emerged as a response to the changes brought about by the Industrial

Revolution. The introduction of machinery to replace human labour led to issues such
as unemployment, downward pressure on wages due to market competition, and an
oversupply of labour. These challenges became prevalent during that period.

The earliest recorded instance of a strike dates back to the 12th century B.C. in Egypt,
where workers serving under Pharaoh Ramses III ceased their work on the Necropolis
until their working conditions improved. The term 'strike' was first documented in
1768 when sailors, as part of demonstrations in London, "struck" or removed the
topgallant sails of merchant ships in port, effectively crippling the ships.

As the 19th century advanced, strikes became a regular occurrence in industrial

relations throughout the industrialized world, as workers united to negotiate for
improved wages and working conditions with their employers. Consequently, strikes
became prevalent during the Industrial Revolution, a period marked by the rising
significance of mass labour in factories and mines. In many nations, strike actions
were swiftly outlawed, as factory owners wielded significantly more political
influence than workers. Nonetheless, in the late 19th or early 20th centuries, most
Western countries began to partially legalize striking.

The 1974 railway strike in India was initiated by the employees of Indian Railways. It
stands out as the largest recorded strike in the country, involving 1.7 million workers
and lasting for 20 days. The primary objective of the strike was to advocate for an
increase in the pay scale, which had remained unchanged for several years, despite the
fact that pay scales in other government-owned entities had seen upward revisions
over time.
6

DEFINITION AND MEANING OF STRIKE.

Strike as defined under Section 2(q) of the Industrial Dispute Act as:
•Cessation of work by a body of persons, who are employed in any industry acting in
combination; or
•A concerted refusal of any number of persons who are or who have been employed in
any industry to continue to work or to accept employment; or
•A refusal under a common understanding of any number of persons who are or have
been employed in any industry to continue to work or to accept employment.
Thus, the definition given in the act draws out integral ingredients of strikes, they are:

a) Industry:
- The cessation of work or the refusal to perform specific tasks within any industry by
the workforce acting collectively.
- The industry in question must qualify as an industry as defined in section 2(J) of the
Industrial Dispute Act of 1947.

b) Concerted refusal:
• The strike must relate to employment, non-employment or with respect to the terms
of employment or with the conditions of labour of the workmen.

➢According to Ludwig Teller: “the word strike in the broad significance has a
reference to a dispute between an employer and his worker in the course of which
there is a concerted suspension of work.”
➢According to Halsbury: “A strike is a general concerted refusal by workmen to
work in consequence of an alleged grievance.”

In essence, a strike serves as a potent tool wielded by trade unions, associations, or

workers to articulate their demands or grievances stemming from employers or
industrial management. It entails the cessation of work, brought about by widespread
refusal to work in response to grievances. The labour force aims to exert pressure on
employers by withholding their labour until their demands are met. Strikes can either
7

yield favourable outcomes for workers' well-being or lead to economic losses for the
nation.
The meaning of the term strike was defined by the court in the case of Indian Iron &
Steel Ltd. v. its workmen as a “Mere cessation of work does not come within the
preview of strike unless it can be shown that such cessation of work was a concerted
action for the enforcement of an industrial demand.”
8

THE INDUSTRIAL DISPUTES ACT, 1947: Provisions of Valid Strike.

Section 2(q) of the said Act lays down the definition of the term ‘Strike’ as cessation of work
by a group of people employed in any industry, following the prescribed procedure,
otherwise, it shall be declared illegal.

In furtherance to this, Chapter V of Section 22 of The Industrial Disputes Act, 1947, states the
prohibitions on the right to strike. It states that no individual employed in public utility
service shall go on strike in breach of contract

a) Without giving notice of strike to the employer six weeks prior to the strike; or
b) Within two weeks of giving such notice; or
c) Before the expiry date of the strike specified in any such notice; or
d) During the pendency of conciliation proceedings before the concerned officer

It is important to highlight that these regulations do not prohibit workers from striking;
instead, they mandate the satisfaction of the specified conditions. Additionally, these
prerequisites specifically apply to public utility services. However, there is an exception to
these rules: if a lockout is already initiated, workers are not obligated to provide notice before
striking.

1. NOTICE OF STRIKE:
In the Mineral Miners' Union v. Kudremukh Iron Ore Core Ltd case, the Karnataka
High Court ruled that the notice of intent to strike must include the specific date on
which the strike is proposed to commence, as mandated by Section 22. In another
instance, in the Sadul Textile Mills Ltd. v. Workmen of Sadul Textile Mills case,
certain workers went on strike in protest against being laid off and transferred to
another shift without the required four days prior notice. The legality of this strike
was initially upheld by the Industrial Tribunal but later overturned by Justice
Wanchoo of the Rajasthan High Court, who asserted that an abrupt strike without
prior notice cannot be considered lawful. As a result, each worker involved in the
strike was deemed guilty.

2. GENERAL PROHIBITION OF STRIKE:

9

Section 23 of the Act outlines the general restrictions on going on strike in various
scenarios:
a) During conciliation proceedings before a board, and up to one week after their
conclusion.
b) Throughout the duration of a case pending before the National Tribunal, Tribunal,
or Labour Court, and for two months following the conclusion of proceedings.
c) If there is a pending notification under sub-section 3 (a) of Section 10A of the Act.
d) During the period when an award or settlement is in force regarding any matter
covered under it.

The main objective of this section is to ensure the creation of a harmonious

environment conducive to the smooth progress of conciliation or arbitration
processes. This section applies to all types of strikes, regardless of the nature of the
dispute, due to its broad scope. Interestingly, ongoing conciliation proceedings before
a conciliation officer do not necessarily prevent a strike from occurring. In the case of
Ballarpur Collieries Co. v. H. Merchant, it was determined that Section 23 does not
apply to a strike declared during the pendency of a reference in which neither the
employer nor the workers are actively participating.

3. ILLEGAL STRIKE:
Section 24 of the Industrial Disputes Act, of 1947, specifically addresses the illegality
of strikes. Any violation of Sections 22 and 23 renders a strike illegal. A strike or
lockout is considered illegal if it:
- Begins in breach of Sections 22 and 23.
- Persists despite an order issued under sub-section (3) of Section 10.
- Continues in defiance of an order issued under sub-section (4-A) of Section 10-A.
However, a strike or lockout is not deemed illegal under clauses 2 and 3 of the Section
if:
- An industrial dispute exists at the time of reference to the Tribunal, National
Tribunal, arbitrator, board, or Labour Court, in which case the ongoing strike is not
deemed illegal. However, if the strike began in violation of the Act, it is considered
illegal.
- The strike is declared in response to an illegal lockout.
10

a) Penalty for Illegal Strikes and Lockouts:

Section 26 of the Industrial Disputes Act, of 1947, outlines the penalties imposed on
those who initiate and participate in illegal strikes.

b) Dismissal of Workermen:
 In Punjab National Bank v. Their Employees, the court ruled that employers have the
authority to employ lawful and effective measures to prevent employees from entering
or remaining on the premises during an illegal strike. This may include taking steps to
stop employees from entering the premises or compelling them to leave. Additionally,
the authorities are empowered to initiate an inquiry or suspend individuals involved in
the strike in accordance with the provisions of the Act.

 In M/S Burn & Co. Ltd. v. their workmen, it was clarified that mere participation in a
strike should not automatically lead to dismissal or suspension. The Supreme Court
emphasized that the severity of punishment for participating in an illegal strike should
be determined based on practical considerations. For instance, individuals engaging in
violence during the strike may face harsher penalties compared to those participating
in peaceful demonstrations.

a) Right to Wages During the Strike Period:

 In Crompton Greaves Ltd. v. their Workmen, it was established that the entitlement to
wages during a strike period hinges on the legality of the strike. If the strike is deemed
legal, wages may be awarded, but other factors are also considered in justifying
payment. However, if the strike is legal but involves violence or sabotage by the
strikers, they may be deprived of wages.

 In Bank of India v. T. S. Kelawala & Others, the court ruled in favour of the
employer, stating that the legality or illegality of the strike is irrelevant. The employer
is entitled to deduct wages, particularly in the case of a mass strike, even if the
11

service rules do not explicitly address it. The amount of deduction is determined
based on the specific circumstances of each case.

b) Right To Compensation:
In the case of Rohtas Industries v. Its Union, the Supreme Court clarified that even in
the event of an illegal strike, the employer cannot claim compensation for the losses
incurred. This is due to the absence of provisions allowing for such compensation in
Section 26 of the Industrial Disputes Act, of 1947.
12

TYPES OF STRIKE: -

1. Slow Down Strike:

In a slow-down strike, workers do not outright refuse to work or stop their
tasks; instead, they intentionally reduce the pace of their work. This deliberate
slowdown in production results in financial losses for the employers. Despite
appearing to be engaged in work, the deliberate decrease in productivity by the
workers impacts overall output. Consequently, both workers and employers
suffer losses, as improper production can lead employers to cut employees'
salaries as a consequence. In the case of Sasa Musa Sugar Works Pvt. Ltd. v.
Shobrati Khan & Ors 16, it was held that: “Go-Slow strike is not a “strike”
within the meaning of the term in the Act, but is serious misconduct which is
insidious in its nature and cannot be countenanced.”

2. Economic Strike:
In an economic strike, workers strike in pursuit of their economic demands
such as increased wages, bonuses, and allowances. During this strike, workers
cease all work until their demands regarding various benefits like travelling
allowances, house rent allowances, dearness allowances, and other facilities
are met.

3. Stay in Strike:
In this case, workmen do not absent themselves from their place of work
during the strike period rather they keep control over production facilities and
yet, do not work. Such a strike is also known as a ‘tool down’ or ‘pen down’
strike. In other words, Workmen show up to their place of employment, but
they refuse to work. In the case of Mysore Machinery Manufacturers v.
Statevi, it was held that “Where dismissed workmen were staying on-premises
and refused to leave them, did not amount to strike but an offence of criminal
trespass.

4. Sympathetic Strike:
13

In a sympathetic strike, workers go on strike purely to express solidarity with

fellow workers who are already on strike within their own unit. In this type of
strike, the workers involved do not have any personal grievances against their
employer, nor are they directly affected by the issues faced by the other unit's
workers. Various trade unions from different units participate in the strike of
another trade union solely to demonstrate their support and solidarity.

5. Sit down Strike:

In a sit-down strike, workers are present at their workplace but deliberately
refrain from performing their duties. These strikes are also referred to as pen-
down or tool-down strikes, as workers refuse to use pens or tools that are
essential for their work. For instance, in Punjab in 1998, the Municipal
Corporation of Punjab initiated a pen-down strike due to the state
government's failure to meet the workers' demands.

6. General Strike:
In a general strike, all employees within a particular industry or region
collectively go on strike. Typically, this strike is not directed against the
employer but serves as a form of political pressure aimed at influencing the
government. It can be seen as an extension of a sympathetic strike.

7. Hunger Strike:
In this type of strike, all workers engage in fasting, abstaining from food
consumption until their demands are met and their grievances addressed. This
strike takes place within the workplace premises until the employer takes
action to fulfil the workers' demands. An example of this occurred when
employees of Kingfisher Airlines conducted a hunger strike to protest against
the non-payment of salaries spanning several months.

8. Wildcat strike:
Such strikes are initiated by workers without the authorization of their union
or governing authority. An instance of this occurred in 2004 when advocates
staged a wildcat strike at civil courts in Bangalore to protest remarks
purportedly made by an assistant commissioner against them. However, upon
14

examining the history of strikes, it becomes apparent that the majority of

strikes are primarily motivated by issues concerning wages between
employers and workers.

CURRENT POSITION OF STRIKES IN INDIA

In India, the right to strike is not explicitly recognized by law. The Trade Union Act of
1926 provided limited rights to strike by legalizing certain activities of registered
trade unions in the event of a trade dispute, which would otherwise be considered a
breach of common economic law. Presently, the right to strike is acknowledged only
to a limited extent within the boundaries set by the law. It is viewed as a legitimate
tool of trade unions, deriving from the fundamental right to form unions. However,
like other fundamental rights, the right to form trade unions and call for strikes is
subject to reasonable restrictions imposed by the state.

A notable case, Dr. P. Balakrishnan vs. State of Tamil Nadu (2020), held that
government doctors do not possess the right to strike or boycott. Consequently, the
likelihood of government doctors resorting to a strike is minimal. While there is a
fundamental right to form associations or labour unions, there is no inherent
fundamental right to strike; rather, it is a statutory or legal right. The Industrial
Disputes Act of 1947 outlines the grounds and conditions for legal strikes, and failure
to adhere to these provisions renders a strike illegal. Several landmark judgments
have been delivered over time concerning the right to strike, shaping the legal
landscape surrounding labour disputes in India.

CASE LAWS

T.K. Rangarajan v. Government of Tamil Nadu and Others.

In the case of T.K. Rangarajan v. Government of Tamil Nadu and Others, the Tamil Nadu
government took drastic measures against striking government employees, dismissing over
200,000 employees at once and incarcerating many of them. This unprecedented disciplinary
15

action was carried out under the Tamil Nadu Essential Services Maintenance Act (TESMA),
which prohibited all government employees from participating in protests or strikes.

The affected employees sought relief by approaching the Tamil Nadu High Court, but their
petitions were not entertained. This was due to the precedent set by the Supreme Court
judgment in the L. Chandrakumar case, which stated that government employees cannot
directly approach the courts; instead, they must first seek recourse through the Administrative
Tribunal with their grievances.

In response to the High Court's decision, numerous writ petitions were filed in the Supreme
Court challenging the arbitrary actions of the Tamil Nadu government. The Supreme Court
bench dismissed the petitions filed by the employees, affirming that government employees
do not possess the right to strike, as it is not considered a fundamental right. The honourable
bench upheld the actions taken by the Tamil Nadu Government, including the arrest and
imprisonment of some individuals, as well as the dismissal of all the employees involved in
the strike.

Kameshwar Prasad and Others v. State of Bihar

In this case, the petitioners challenged Rule 4A of the Bihar Government Servants’ Conduct
Rules, 1956, arguing that prohibiting any form of demonstration violated individuals'
fundamental rights. They contended that Rule 4A infringed upon the fundamental rights
guaranteed by the Constitution of India under Article 19(1)(a) and (b).

A petition was filed in the High Court of Patna challenging this rule, where the court deemed
it a reasonable restriction on government servants, as the right to demonstrate or strike was
not explicitly guaranteed under Article 19 of the Indian Constitution. The petitioners appealed
this verdict in the Supreme Court, reiterating their argument that the imposition of Rule 4A
breached their fundamental rights.

The Supreme Court bench heard both parties and concluded that the right to strike is not a
fundamental right, while the right to demonstrate is. Therefore, the appeal was partially
accepted. The bench ruled that the prohibition on any form of demonstration by government
employees violated Article 19, which recognizes the right to demonstrate as a fundamental
right. Consequently, the blanket ban imposed by the Bihar government on demonstrations by
its employees was invalidated.
16

However, the bench clarified that the right to strike may be restricted for government
servants, as engaging in a strike is not considered a fundamental right.
17

INTERNATIONAL LAW ON THE RIGHT TO STRIKE

 The International Labour Organization (ILO) mandates the right to organize and
engage in collective bargaining for employees. While there are no explicit provisions
regarding the right to strike, the ILO Committee of Experts considers it indispensable
and an integral aspect of the right to organize.
 India has implemented and upheld most principles outlined in ILO conventions,
except for the right to strike. However, the preamble of the ILO underscores the right
to strike as essential to collective bargaining.
 The Universal Declaration of Human Rights, 1948, guarantees protection for
workers' interests, including the right to form trade unions and associations. The right
to strike is regarded as a consequence of their constitutional privilege to form
associations.
 The International Covenant on Economic, Social and Cultural Rights, 1966,
recognizes the right to strike under Article 8 (1) (d), provided it aligns with national
laws. India, as a signatory to the Covenant, is obligated to ensure this right, either
through legislative measures or other appropriate means.
 The English judiciary has been receptive to the right to strike, considering it
justiciable. Lord Denning emphasized that the strike is a last resort and an inherent
right of workers essential for collective bargaining.
 In the United States, the National Labour Relations Act, of 1935, grants workers the
right to strike to negotiate better wages, working conditions, and health standards.
However, in India, this right is merely a statutory one, lacking the recognition
afforded in other jurisdictions.
18

CONCLUSION

The right to strike serves as a crucial tool for employees, enabling them to negotiate their
demands and diminish the power imbalance between employers and employees in industries.
Particularly in rural areas of India, numerous industries fail to provide even minimum wages
to workers, and working conditions are often abysmal, resulting in exploitation. In such
circumstances, striking becomes the last resort for these workers to address their grievances
and advocate for policies that promote their welfare, as outlined in Article 38 of the
Constitution.

International laws mandate the recognition of the right to strike as a fundamental right for
workers. While India has embraced nearly all principles outlined in conventions like the ILO,
UDHR, and ICESCR, it has not fully adopted the right to strike.

While Article 19(1)(c) grants workers the right to form associations and trade unions, this
may not always suffice. At times, circumstances necessitate workers to take further action,
such as initiating a strike to compel employers to meet their demands. In India, the right to
strike is a statutory right protected by Section 22 of the Industrial Disputes Act, 1947, subject
to certain conditions. This right serves as a significant tool for workers to seek resolution and
uphold their liberties.
19

BIBLIOGRAPHY
1.https://blog.ipleaders.in/right-to-strike-proposed-amendment-in-theindian-
constitution/ 2. https://lexforti.com/legal-news/is-right-to-strike-a-fundamental-right/
3. https://www.whatishumanresource.com/strikes
4.https://www.mondaq.com/india/workforce-management/24797/right-tostrike-
under-industrial-dispute-act-1947
5.https://www.insightsonindia.com/2021/08/07/insights-into-editorial-
nofundamental-right-to-strike/
20