INTRODUCTION
Strikes as per the dictionary mean when a person or group of persons or association of people come together with some homogeneous matter for some time when people refuse to go to work, usually because they want more money or better working conditions. [1]Essential Services are the basic needs and demands of citizens without which their basic living will be hindered. As per the act concerned any telegraph, postal, telephone, or railway commute of essential goods, armed forces supplies or supply of coal, fertilisers, steel, power or any services taking place in the production or distribution of the petroleum or petroleum products or any services related to the election of the state legislature or the Parliament all these above examples fall under The Essential Services Maintenance Act, 1981. Strikes in these essential services are not allowed and are strictly prohibited by the judiciary of India.[2]
STRIKES AND THEIRDIFFERENT FORMS IN DIFFERENT FIELDS
Strikes are the most powerful weapon that is received by industrial workers and trade unions to accomplish their demands. It’s the way of creating pressure by a peaceful action by the employees over their employer to fulfil their needs and if their demands are not fulfilled or negotiated and workers or labourers get back to work, this will not fall under strike. Lock-outs are the consequence of strikes taken by the employer in case the workers’ actions are illegal and harmful to society at large or immoral.
CAUSES OF STRIKE
- Non-receiving of salary/wages on time
- Wrongful dismissal of labourers
- Paying below the set standard level of salary
- Non-payment of salary
- Creating gaps in salary payment of male and female workers
- Retrenchment of workers
- Extra hours of working above the set standards
- No increment and cutting the wages [3]
DIFFERENT ESSENTIAL FIELDS WHERE NO STRIKES ARE ALLOWED:
- Doctors have no right to strike: In Dr. P Balakrishnan v. The Government of Tamil Nadu it was observed that doctors have no right to go on strike as from an ethical point of view, doctors going on a strike can violate the maxim stated by medical jurisprudence ‘PRIMUM NON-NOCERE’ which is first, do no harm, and strike harms the patients by the doctor actions itself
- PSU’scan’t take part in illegal strikes:In the matter of Prevention of Recurrent StrikesOrganized by various Government/Non-Government/ Unions/Organizations v. State of Uttarakhand it was observed that The High Court Of Uttarakhand has strictly prohibited the strikes in the areas of education, public health& transport, irrigation, revenue, and public sector departments as all these impart disturbance in public services the court said ‘NO WORK NO PAY’ in the area of public interest and morality. Finally, the court directed under section 3 of ‘THE UTTAR PRADESH MAINTENANCE ACT’, to prohibit illegal strikes under certain essential services and insist the associations end the illegal strikes. [4]
- Strikes are not worker’s Fundamental Rights: In Radhey Shyam Sharma v. Post Master General,it was held thatstrikes are not fundamental rights of workers andone should not give a speech or arrange an assembly to promote it and is the last resort for the workers if the employer is not listening or valuing the demands of workers.
- Strikes are not a fundamental right of Lawyers: In Harish Uppal v. Union of India,it was held that lawyers are not allowed to practice strike asthe judiciary is one of the basic anchors the democracy. Lawyers might possess peaceful strikes by wearing black bandsas a sign of protest, displaying posters, banners etc. but cannot deny upholding cases of people as it is the fundamental right of the citizen to claim legal aid. And by going on strike lawyers delays the proceeding and working of the Judiciary.
TYPES OF STRIKES
- Hunger Strike
- Sit-down Strike
- Slowdown Strike
- Economic Strike
- General Strike
- Illegal Strike [5]
STRIKES AND ITS PROVISIONS IN INDIA
In India,strikes are not identified as law,unlike in some other countries. Strikes in law have a very limited extent but it’s a legitimate extent and weapon given to workers to fulfil their demands. In the Indian Constitution right to strike is not absolute but rather it is permissible and followed by the fundament right through Article 19(1)(c) i.e. right to form an association.
As every fundamental right comes with certain reasonable restrictionsit is similar toforming trade unions and labour unionsalso.[6]Sc held in one case that if the strikes are not followed by the provisions mentioned under sections 22&23 of The Industrial Dispute Act,1947, then it is not referred to as strike rather it will become illegal.[7]
The Industrial Dispute Act, of 1947, prohibits the right to go on strike. It talks about how no person employed in public utility services should breach the contract and go on strike,
- Without giving to employer notice of strike within six weeks before striking; or
- Within fourteen days of giving such notice; or
- Before the expiry of the date of strike specified in any such notice as aforesaid; or
- During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
GENERAL PROHIBITION OF STRIKE
The provisions of section 23 are general. It imposes general restrictions on declaring strike in breach of contract in both public as well as non-public utility services in the following circumstances mainly: –
- During the pendency of conciliation proceedings before a board and till the expiry of 7 days after the conclusion of such proceedings
- During the pendency and 2 months after the conclusion of proceedings before a Labour Court, Tribunal or National Tribunal;
- During the pendency and 2 months after the conclusion of the arbitrator, when a notification has been issued under sub-section 3 (a) of section 10 A;
- During any period in which a settlement or award is in operation in respect of any of the matters covered by the settlement or award.[8]
CONCLUSION
The right to strike is not an absolute right or fundament right rather it has been enhanced from constitutional article 19 (1)(c). Strikes are something which is given by lawmakers to protect the rights of subordinates by their superiors in the case of blue collars and white collars. Strikes are followed by certain rules and regulations and if these are not followed properly the strike will be considered illegal.For certain Essential services like medical, education, judiciary, PSUs, etc.the workers cannot go a strike asthese are core and eminent services of the country and cannot be hinderedby the basic demands and needs of the people employed in it.
Strikes should not stop the basic day-to-daylifestyleof general citizensthis is what our laws have to make sure. Unlike America, India does not have the right to strike as its fundamental right but still, it’s the beauty of our constitution and Judges’analytical skills that with time and the cases witnessed it has been interpreted that the action of the peaceful strike to resolve the basic issues are still being practised in India.
Author(s) Name: Smriti Bharadwaj (Savitribai Phule University, Pune (DES’s Shri Navalmal Firodia Law College Pune)
Reference(s):
[1] Industrial Dispute Act 1947, s2(q).
[2] The Essential Service Maintenance Act 1981, s 2[1(a)].
[3] ‘Legal Provisions of Strike’ (Whatishumanresource.com)<https://www.whatishumanresource.com/strikes>accssed 26th April 2024
[4] Ibid
[5] Ibid
[6] Vijendra Vikram Singh Paul, ‘India: Right to Strike Under Industrial Dispute Act, 1947’(Mondaq, 9th March 2024)<https://www.mondaq.com/india/workforce-management/24797/right-to-strike-under-industrial-dispute-act-1947>accessed on 26th April 2024
[7]All India Bank Employees Association v. I.T.1962 AIR 171, 1962 SCR (3) 269
[8]The Industrial Dispute Act 1947,s 23&24.
