RIGHT TO WORKMEN STRIKE IN LIGHT OF CONSTITUTION

Abstract

The IDA defines a “strike” as “a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment”. In India, there is no specific right to strike. Instead such right flows from the fundamental right to form a trade union contained in Article 19(1)(c) of the Constitution, which, like all fundamental rights, is subject to reasonable restrictions. In All India Bank Employees Association v. N.I. Tribunal , the SC held, inter alia, that “the right to strike or right to declare lockout may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause (4) of Article 19 of the Constitution but by totally different considerations.” Therefore, legislation can and does restrict the right to strike by deeming certain strikes illegal. The IDA restricts strikes and lockouts equally. Various restrictions are contained in sections 22, 23, 24, 10(3) and 10A (4A) of the IDA. Furthermore, the IDA also lays down certain activities that may be deemed as “unfair labour practices of workers or workers’ trade unions pertaining to strikes such as advising or actively supporting or instigating any illegal strike or staging demonstrations at the residence of the employers or managerial staff members. It should be noted that a strike that was in existence at the time of reference to a board, arbitrator, court or tribunal may be continued, provided it was legal at the time of its commencement. Furthermore, a strike staged in response to an illegal lockout shall be legal.