An Analysis of the Right to Strike Under the Industrial Dispute Act 1947

On this page you will read detailed information about Right to Strike Under the Industrial Dispute Act 1947.

As an employee in India, you have certain rights and protections under the law. One of the most fundamental rights is the ability to strike or cease work as part of a labor dispute. The Industrial Dispute Act of 1947 enshrines the right to strike and outlines the process by which legal strikes can take place. Understanding your rights and responsibilities around striking is important for any employee. This article provides an overview and analysis of the provisions around the right to strike under the Industrial Dispute Act so you can exercise this right knowledgeably and avoid penalization. The Act defines what constitutes a protected or “legal” strike, the notice requirements prior to striking, and the limitations around striking to ensure minimal disruption. Familiarizing yourself with the contours of your right to strike will empower you as an employee.

Overview of the Industrial Dispute Act, 1947

The Industrial Dispute Act, 1947 provides the legal framework for the settlement of industrial disputes in India. It aims to promote harmony and cordial relationship between employers and employees.

The Act sets out the machinery and procedure for resolution of industrial disputes. It provides the formation of courts of inquiry, boards of conciliation, Industrial Tribunals and a National Industrial Tribunal for adjudication of industrial disputes.

The Act defines an ‘industrial dispute’ as any dispute or difference between employers and employers, or between employers and workmen or between workmen and workmen, which is connected with the employment or non-employment, or the terms of employment or the conditions of labor of any person. The Act lays down the procedure to be followed for raising the dispute and the authority before which the dispute can be raised.

The Act prohibits strikes and lockouts in public utility services for a period of 60 days after the notice of the strike/lockout is given to the other party and the conciliation proceedings are commenced. The government is empowered to prohibit strikes/lockouts in industries which it considers necessary in public interest.

The Act provides for unfair labor practices by the employers and trade unions. The Act also regulates the recognition of trade unions and verification of membership to provide for collective bargaining agents. The appropriate government is empowered to frame rules for any industry or industrial establishment for carrying out the purposes of the Act.

The Act aims at promoting constructive cooperation between employers and employees. It provides legal machinery for amicable, peaceful and expeditious settlement of industrial disputes. It ensures continuity of production and avoids disputes and stoppage of work. The Act also safeguards the rights and interests of workers and employers.

Defining Strikes Under the Act

The Industrial Disputes Act, 1947 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”. This definition indicates that a strike must satisfy the following conditions:

• It must be a cessation or stoppage of work by a group of workers employed in an industry. A strike by workers outside an industry or individual workers would not qualify as a strike under the Act.
• The stoppage of work must be in combination, concert or under a common understanding. A spontaneous individual act by a worker would not constitute a strike. There must be a combined action by workers.
• The strikers must be persons who are or have been employed in the industry. The Act does not recognize strikes by outsiders.
• There must be a refusal to continue work or to accept work by the strikers. A mere protest, demonstration or procession by workers during working hours which does not involve stoppage of work would not amount to a strike.
• The strikers must have gone on strike in furtherance of an industrial dispute. A strike in furtherance of a political objective or for any reason other than an industrial dispute would not enjoy the protection of the Act.

The Act prohibits strikes and lockouts in public utility services like railways, postal, telegraph and telephone services. It also prohibits strikes and lockouts without giving due notice. The Act provides certain protections and immunities to the strikers and lays down procedures for conciliation and adjudication of industrial disputes. By defining strikes in a precise manner, the Act aims to regulate and control strikes and lockouts in industries.

Legal Status of Strikes in India

The right to strike is not an absolute right under the Industrial Dispute Act, 1947. Strikes that do not arise out of an industrial dispute, strikes that take place during the pendency of conciliation and arbitration proceedings and strikes that take place during the continuance of an award are illegal. These types of strikes are prohibited under Sections 23, 24 and 26 of the Industrial Dispute Act, 1947.

Legal Strikes

Strikes that arise out of industrial disputes and are conducted in a peaceful manner, without committing any criminal offense are considered legal strikes. Workers can legally strike if:

• There is a trade dispute between employers and workmen which is connected with the employment or non-employment, terms of employment or conditions of labor of any person.
• A notice of strike is given to the employer within 6 weeks of the intended strike.
• The conciliation proceedings have failed and no settlement has been reached.
• The strike does not commence within 14 days of giving notice or after the expiry of the date of strike specified in the notice, whichever is earlier.

Illegal Strikes

The following types of strikes are deemed illegal:

• Strikes that do not arise out of industrial disputes. For example, strikes for political reasons.
• Strikes that commence during the pendency of conciliation and arbitration proceedings.
• Strikes that continue after the expiry of 7 days from the conclusion of conciliation proceedings or issuance of awards.
• Strikes that have commenced without giving a 6 week notice to the employer.
• Strikes that involve violence or damage to property.

In the event of an illegal strike, the employer can take disciplinary action against the striking workers including dismissal, removal, or suspension. The workers can also face criminal prosecution for participating in an illegal strike under the Act. Overall, while workers have the right to strike to resolve industrial disputes, that right is subject to certain limitations under the Industrial Dispute Act, 1947.

Protected and Prohibited Strikes

Under the Industrial Dispute Act, 1947, the right to strike is restricted to certain conditions and circumstances. Strikes that fulfill the required conditions are known as protected or lawful strikes, while those that do not meet the conditions are prohibited or unlawful strikes.

Protected Strikes

For a strike to be protected under the Act, it must:

• Be in pursuance of an industrial dispute. The dispute must be between employers and workmen or between workmen and workmen.
• Be conducted after following the required conciliation proceedings and notices. The workmen must give 14 days’ notice to the employer about the commencement of the strike.
• Not be in contravention of any provision of the Act.
• Relate to any of the subjects mentioned in the Second Schedule of the Act like wages, bonus, hours of work, leave or holidays, etc.

Strikes that fulfill the above conditions protect workmen from any legal consequences and also entitle them to certain immunities.

Prohibited Strikes

Any strike that does not comply with the above conditions is illegal. Some examples of prohibited strikes are:

• Strikes during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal.
• Strikes that commence without giving 14 days’ notice.
• Strikes that do not relate to an industrial dispute.
• Strikes in public utility services like railways, postal, and telegraphs without giving notice of 14 days and during the pendency of conciliation proceedings.
• Strikes that contravene the provisions of the Act.
• Strikes for enforcing unreasonable demands.
• Strikes accompanied by violence or damage to property.

Workmen participating in unlawful strikes do not get any legal protection and may face legal consequences like dismissal, non-payment of wages for the strike period, etc. Employers can also sue them for damages.

In summary, the right to strike in India is not an absolute right and is subject to certain reasonable restrictions imposed by the Industrial Dispute Act, 1947. Following the conditions prescribed in the Act is necessary for any strike to get legal protection and validation.

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Notice Requirements for Legal Strikes

To legally go on strike, certain notice requirements must be met under the Industrial Dispute Act, 1947. As an employee, you must provide appropriate notice to your employer before participating in strike action.

Notice to Employer

At least 14 days before commencing a strike, you must deliver a written strike notice to your employer. The notice should specify:

• The date and time the strike will begin
• The place(s) of work where the strike will occur
• The reasons for the strike, including the specific trade dispute to which it relates
• The approximate number of workers involved

This advance notice allows the employer time to make arrangements to avoid any damage or inconvenience that may result from the work stoppage. Failure to provide proper notice can render the strike illegal.

Notice of Change or Cancellation

If the date, time, place or other details of the strike change after notice has been given, a further notice with the revised particulars must be provided to the employer at least 7 days before the strike. Additionally, if the strike is called off for any reason, written notice of cancellation must be delivered immediately to the employer.

Public Notice

In addition to notifying the employer, a copy of the strike notice must be delivered to the appropriate government authorities at least 14 days before the commencement of the strike. The authorities include the labor commissioner, labor court, and labor tribunals. The public notice allows the government to make preparations to avoid damage or inconvenience to the public resulting from the strike.

By following the proper notice procedures under the Industrial Dispute Act, employees can legally exercise their right to strike while avoiding unnecessary hardship to employers and the public. Providing appropriate notice in writing with specific details about the impending strike action is key to remaining within the law.

Conciliation Proceedings and Strikes

Once conciliation proceedings have failed and no settlement has been reached, workers have the right to strike under the Industrial Dispute Act, 1947. A strike refers to a temporary stoppage of work by a group of employees to express a grievance or enforce a demand.

To exercise the right to strike, certain conditions must be met:

• The strike must be in furtherance of an industrial dispute. An industrial dispute refers to any dispute between employers and employees connected with employment, non-employment, the terms of employment or the conditions of labour.
• A proper notice of strike must be given to the employer within 6 weeks from the date of the failure of conciliation proceedings. The notice must specify the date and time of the proposed strike.
• The strike must not commence within 14 days of giving the notice. This cooling off period is to give an opportunity for further negotiations and to explore the possibility of reconciliation.
• The strike must remain peaceful and not turn violent. Violent, coercive or disruptive behaviour will forfeit the statutory protection and attract legal consequences.
• Only registered trade unions can organise and fund strikes under the Act. Strikes organised by unregistered unions are illegal.
• Strikes in public utility services are prohibited without giving at least 14 days’ notice to the Government. Public utility services refer to any service in railways, postal, telegraph or telephone service.
• Strikes may be declared illegal by the Government in the interest of the public or national interest. In such cases, the workers forfeit their right to strike pay or other benefits.

By following the proper procedure and meeting the prescribed conditions, workers can exercise their right to strike to resolve industrial disputes and improve their working conditions. However, they must do so responsibly and peacefully without causing undue hardship to the community. The right to strike aims to establish a fair balance between the conflicting interests of employers and employees.

Penalties for Illegal Strikes

Under the Industrial Dispute Act, 1947, strikes and lockouts are prohibited during the pendency of conciliation proceedings and 7 days after the conclusion of such proceedings. Further, strikes and lockouts are also prohibited during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and 2 months after the conclusion of such proceedings.

Participation in illegal strikes attracts penal consequences under the Act. According to Section 26 of the Act, any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

The officers of a trade union or association instigating or inciting others to take part in an illegal strike are also liable to be punished in a similar manner. However, no officer or member of a registered Trade Union shall be liable to punishment under this section in respect of any agreement or combination by that union, its members or officers, made in contemplation or furtherance of a dispute to which the union is a party on the ground only that such agreement or combination has the effect of a strike, if the act of striking was not contrary to the rules of the union.

In addition to the penal consequences, according to Section 24 of the Act, illegal strikes may lead to the stoppage of any payment by the employer of any moneys due to the workmen. The illegal strikers will also not be entitled to any wages or other benefits during the period of such strike.

To summarize, participation in illegal strikes under the Industrial Dispute Act, 1947 attracts penal punishment for the workmen and officers of the trade union. It may further lead to stoppage of wages and other benefits to the workmen during the strike period. The provisions aim to discourage illegal strikes and ensure industrial peace and harmony.

Important Judicial Decisions on Right to Strike

The right to strike in India has been subject to reasonable restrictions under the Industrial Dispute Act, 1947. The judiciary has interpreted the provisions of the Act on several occasions. Some of the notable judgments are:

Kameshwar Prasad v State of Bihar (1962)

The Supreme Court held that the right to strike is not a fundamental right but a legal right and can be restricted or withdrawn by the appropriate government. The court observed that the right to strike should be exercised keeping in mind the interests of the society as a whole.

In subsequent judgments, the Supreme Court has recognized the right to strike as an important weapon in the hands of workers to ventilate their grievances and to improve their service conditions. However, this right is subject to certain restrictions in the interest of the general public and cannot be exercised indefinitely.

T.K. Rangarajan v Government of Tamil Nadu (2003)

The court held that the right to strike is not absolute or uncontrolled and can be restricted in public interest. Government employees do not have a fundamental right to resort to strike. The court observed that strike as a weapon should only be used in the rarest and exceptional cases when no other mechanism for redressal of grievances is available.

Gujarat Steel Tubes v Mazdoor Sabha (1980)

The Supreme Court held that a strike cannot be resorted to for the enforcement of any demand which is unreasonable or contrary to law. The court observed that a strike should always be the last resort after all conciliatory methods have failed. The court also laid down certain guidelines regarding the conduct of strikes to ensure that it remains non-violent and within reasonable limits.

The judiciary has thus recognized the right to strike as a legal right subject to reasonable restrictions in public interest. Strike should only be resorted to as a last measure after failure of conciliation and should always remain peaceful and lawful.

FAQs on Strikes and the Industrial Dispute Act, 1947

The Industrial Disputes Act, 1947 provides certain safeguards to workers regarding strikes and lockouts. As an employee, it is important to understand your rights and the legal provisions surrounding strikes. Here are some frequently asked questions about strikes under the Act:

By understanding the provisions around the right to strike, workers can exercise this right in a responsible manner without facing adverse consequences. Following the proper legal process for calling a strike is key to conducting a lawful industrial action.

Conclusion

As you have seen, the right to strike in India is not an absolute right. There are reasonable restrictions imposed by the Industrial Dispute Act, 1947 to ensure that the interests of the employers, workmen and general public are balanced. While workmen have the right to strike peacefully after following the due process of law, they cannot resort to violence, coercion or any illegal activities during the strike. The employers also have the right to lockout after giving due notice. At the same time, the appropriate government has the power to prohibit a strike or lockout if it affects public interest. Overall, the right to strike aims to promote industrial peace and harmony between employers and workmen. With mutual understanding and cooperation, disputes can be resolved amicably through negotiation and conciliation.

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