WORKMEN RIGHT TO STRIKE UNDER THE INDUSTRIAL DISPUTE ACT, 1947
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Abstract
Strike from the past has been used as a continuous weapon of choice, be it reservation, desired wages, proper conditions, state passing any unwanted bill or make legislature pass the bill etc. People go on strike for a plethora of reasons but one characteristic that remain common is that the strike is always undertaken by the weak part of section or community to put up their issues and unsatisfied demands against the people who have the authority and power to resolve such issues and meet their demands. In Industrial Dispute Act, 1947 the situation is not that different either, the labours have to take the advantage of their numbers and the dependency of the managerial staff upon them, in order to meet their reasonable demands or at least grasp the attention of the employer.
‘Right to Strike’ of workmen or trade unions derived from the fundamental right provided under Article 19 (1) (c) of the Constitution of India i.e. FR to form associations or unions. Therefore, this right is merely a legal right and not a fundamental righti which is sufficient to give a voice and teeth to these unions or associations. Also, it is pertinent to know that such a right has not been expressly mentioned in the law.
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