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Guest (n/a)     11 January 2009

Can court grant stay of strikes?

The Delhi High Court on Tuesday restrained officers of GAIL (India) from going ahead with their proposed strike from Wednesday seeking a hike in wages. Do you think that courts can stay the right of the employees by staying the strike as this is against the principles of collective bargaining?


Learning

 3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     11 January 2009

 


 



Dear Guest,


Please refer to the decision of the Supreme Court In:



James Martine Vs. State of Kerela { 2004 (1)KLT 513 (SC) }

Wherein the Hon'ble Apex Court held as follows:

"19. Before we part with the case it needs to be noted that in the
name of hartal or bandh or strike no person has any right to cause
inconvenience to any other person or to cause in any manner a
threat or apprehension of risk to life, liberty, property of any citizen or
destruction of life and property, and the least any Government or
public property. It is high time that the authorities concerned take
serious note of this requirement while dealing with those who
destroy public property in the name of strike, hartal or bandh.
Those who at times may have even genuine demands to make
should not loose sight of the overall situation eluding control
and reaching unmanageable bounds endangering life, liberty
and property of citizens and public, enabling anti-social forces
to gain control resulting in all around destruction with counter
productive results at the expense of public order and public
peace. No person has any right to destroy another's property
in the guise of bandh or hartal or strike, irrespective of the
proclaimed reasonableness of the cause or the question whether
there is or was any legal sanction for the same. The case at hand
is one which led to the destruction of property and loss of lives,
because of irresponsible and illegal acts of some in the name of
bandh or hartal or strike. Unless those who organize can be confident
of enforcing effective control over any possible turn of events, they
should think twice to hazard themselves to such risk prone ventures
endangering public peace and public order. The question whether
bandh or hartal or strike has any legal sanctity is of little consequence
in such matters. All the more so when the days are such where even
law enforcing authorities/those in power also precipitate to gain
political advantage at the risk and cost of their opponents. Unless
such acts are controlled with iron hands, innocent citizens are
bound to suffer and they shall be the victims of the high-handed
acts of some fanatics with queer notions of democracy and
freedom of speech or association. That provides for no license
to take law into their own hands. Any soft or lenient approach for
such offenders would be an affront to rule of law and challenge
to public order and peace."

And, kindly go through the attached file.


 

Attached File : 30 strikes and lock outs in india.pdf downloaded: 289 times

H. S. Thukral (Lawyer)     12 January 2009

Courts can declare a strike being illegal. As for as INDUSTRIAL LAW  is concerned there is provision in ID Act as to what strikes are illegal. What my friend Aejaz Ahmed said above is correct . There is drastic change in Courts' views of late. In earlier three decades 60-90's the cours held the view that strike is a poternt  and justified weapon with workers to be used in collective bargaining but that is past.


Once strike is declared illegal, then in Industrial Law , strikers can be prosecuted and in service law disciplinary action can be taken against the employees. 

Ravi Arora (Advocate)     12 January 2009

thanx Aejaz bhai


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