Right to strike
jagdish
(Querist) 27 March 2008
This query is : Resolved
Dear Sirs,
I am an HR person working for a MNC.
Would like to ask you'all that whether Management Associates have a right to strike? or whether they have a right to take the case forward to a Labour Court?
Basically the above category are actually workers, however they are designated as Management associates.
Pls reply.
Jagdish V
Rajesh Kumar
(Expert) 28 March 2008
Looking at the term "strike" on a broad canvass- every person has a right to strike. It is exercise of freedom of expression, which everybody enjoys under Article 19 of the Constitution of India. Thus every person has a right to go on strike- provided such strike is not prohibited under a reasonable law made within the meaning of Article 19(2)- for example essential services maintenance act prohibits strike by the workers engaged in providing essential services.
Strike, within the meaning of industrial dispute jurisprudence has a narrow meaning. It defines legal and illegal strike. A workman as a right to go on legal strike. If management associates are workman, they can go on a legal strike. Another classification has been made by judiciary as justified and unjustified strike. This concept is used to decide whether the workmen are entitled to wage during strike period.
jagdish
(Querist) 05 April 2008
I thank you Sir Mr. Rajesh Kumar was ur insight and expert views on my query.
As i understand from it that they can go on strike if they want to do so provided they fulfil the conditions, and it does not matter whether what they are designated as provided they fall within the category of "Workman"
Mr. Kumar once gain thanks to you.
Rajendran Nallusamy
(Expert) 17 April 2008
n the All India Bank Employees Association v. I. T. , the Supreme Court held,
"the right to strike or right to declare lock out 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 but by totally different considerations."
Thus, there is a guaranteed fundamental right to form association or Labour unions but there is no fundamental right to go on strike.
Provision of valid strike under the Industrial Dispute Act, 1947-
Section 2(q) of said Act defines the term strike, it says, "strike" means a cassation 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 accept employment. Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise there strike deemed to be an illegal strike. Section 22(1) of the Industrial Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person employed in public utility service shall go on strike in breach of contract:
(a) Without giving to employer notice of strike with in six weeks before striking; or
(b) Within fourteen days of giving such notice; or
(c) Before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
It is to be noted that these provisions do not prohibit the workmen from going on strike but require them to fulfill the condition before going on strike. Further these provisions apply to a public utility service only. The Industrial Dispute Act, 1947 does not specifically mention as to who goes on strike. However, the definition of strike itself suggests that the strikers must be persons, employed in any industry to do work.
Also see sections 23 & 24 of the ID Act
