STRIKE

Presented byAnkit Singh

13BAL046B.A.LL.B. (V)

INTRODUCTION

Industrial peace implies the existence of harmonious relation between the management & workers. When the relationship between them are not cordial, industrial atmosphere is not peaceful, such a situation is called industrial unrest.

When it is unorganized, the moral Of the workers are generally low & the managements are not sincere in solving the problems of the workers.

When industrial unrest takes an organized form, it gets expression in the form of strikes, demonstrations, picketing & lock-outs.

Industrial unrest

Organized Unorganized

WHAT IS STRIKE? A strike action is when a large no. of people used to pressure

government or an Organization to change the policy.

Strike is a very powerful weapon to get its demands accepted by a trade union or in the hand it’s the way of showing strength of a union .

The use of English word “strike” first appeared in 1768, when sailors in support of demonstration in London. removed the topgallant sails of merchant ships at port, thus crippling the ships.

According to Section 2(q) of Industrial Disputes Act, 1947, Strike means , “cessation of work by a group of workers for the purpose of bringing pressures on their employers to accept their demands”.

CESSATION OF WORK OR REFUSAL TO WORK(a) Cessation of Work: (i) there should be cessation of work, and (ii) such cessation should be by a body of

persons employed in the industry acting in combination: or

(b) Refusal to work (i) there should be concerted refusal

under a common understanding; and (ii) such refusal should be by any number

of persons employed in the industry to continue to work or to accept employment.

TYPES OF STRIKESECONOMIC STRIKES

GENERAL STRIKES

SIT-DOWN STRIKES

SLOW-DOWN STRIKES

HUNGER STRIKES

GHERAO

BOYCOTT

CONTINUED….. Economic strikes Strikes arise for a number of reasons, though principally in response

to economic conditions. Economic strike is conducted by the workers to improve wages ,

benefits or to improve work conditions and facilities provided to them.

SYMPATHETIC STRIKES This type of strike is conducted in support of other

workers who are on strike. In this case the workers may not have direct injustice from

the employer of the former union of workers. GENERAL STRIKES A general strike is a strike action in which a substantial proportion

of the total workers in a region or country participates. It may also be an extension of the sympathetic strike to express

generalized protest by the workers.

CONTINUED…. SIT-DOWN STRIKES A sit-down strike is a form of civil disobedience in which a group of workers,

usually employed at a factory take possession of the workplace by "sitting down" at their stations.

Main reason behind this is preventing their employers from replacing them with strikebreakers or in some cases moving production to other locations.

It is also called tools down or pens down strike. SLOW-DOWN STRIKES A slowdown is an industrial action in which employees perform their duties

but seek to reduce productivity or efficiency in their performance of these duties.

It an alternative to a strike, as it is seen as less disruptive as well as less risky and costly for workers employers

HUNGER STRIKES It is followed either by leaders or by some workers or by both for a limited

period. The purpose is to create sympathy of the employer & to attract the attention of the public. It is non-violent in nature.

In this method the participants try to provoke feelings of guilt in others or the employers , usually with the objective to achieve a specific goal, such as a policy change.

CONTINUED….. GHERAO Gherao, meaning "encirclement," is a word originally from Hindi . This type

of strike is restricted to India only . Usually, a group of people would surround a politician or a government

building until their demands are met, or answers given. This principle was introduced as a formal means of protest in the labour

sector by Subodh Banarjee, the PWD and Labor Minister in the 1967 and 1969.

BOYCOTT A boycott is an act of voluntarily abstaining from using, buying, or dealing

with a person, organization, or country as an expression of protest. In this case workers decide not to use the company’s products the

appealing the public to do so. It is an voluntary withdrawal of co-operation.

WILDCAT STRIKES It is suddenly announced, without notice or at very short notice & thereafter

the issues of disputes are discussed . This type of strike action is taken by workers without the authorization of

their trade union officials. This is sometimes termed unofficial industrial action

WHEN ARE STRIKES JUSTIFIED All strikes are not justified, and nor all strikers are unjustified. If the strike was held by the workers in support of their

reasonable, fair & bonafide demands in peaceful manner, then the strike will be justified.

If it was held by using of violence or acts of sabotage or for any ulterior purpose, then the strike will be unjustified.

Examples JUSTIFIED

• WHEN EXISTINGFACILITIES WITHDRAWN,BENEFITS WITHDRAWN.

• UNFAIR LABOUR PRACTICE BY MANAGEMENT.

• NO RESPONSE FROM MANAGEMENT IN SPITE OF REFERRING A DEMAND & ISSUING A REMINDER.

UNJUSTIFIED

STRIKES LAUNCHED FOR POLITICAL REASONS.

DEMANDS ARE EXCESSIVE, NOT FEASIBLE AND UNREASONABLE

SECTION 22PROHIBITION OF STRIKES AND LOCK-OUTS

1) No person employed in a public utility service shall go on strike in breach of contract - 

(a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking ;  

(b) within fourteen days of giving such notice.

(c) before the expiry of the date of strike specified in any such notice as aforesaid;

(d) during the pendency of any conciliation

proceedings before a conciliation officer and seven days after the conclusion of such proceedings. 

Contd…

(2)No employer carrying on any public utility service shall lock-out any of his workmen - 

(a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out;

(b) within fourteen days of giving such notice;

(c) before the expiry of the date of lock-out

specified in any such notice as aforesaid;   (d) during the pendency of any conciliation

proceedings before a conciliation officer and seven days after the conclusion of such proceedings. 

Contd…

(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services.

(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.   Contd…

(5) The notice of lock-out referred to in sub-section(2) shall be given in such manner as may be prescribed. 

(6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day. 

23. GENERAL PROHIBITION OF STRIKES AND LOCK-OUTS

No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out-- (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings;

(b) during the pendency of proceedings before [a Labour Court, Tribunal or National Tribunal] and two months after the conclusion of such proceedings;

[(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or]

SECTION 24:   ILLEGAL STRIKES AND LOCK-OUTS

(1) A strike or a lock-out shall be illegal if - (i) it is commenced or declared in contravention of Section 22 or Section 23;

(ii) it is continued in contravention of an order made under sub-section (3) of Section 10 [or sub-section (4-A) of Section 10-A] 

Contd…

(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, [an arbitrator, a] [Labour Court, Tribunal or National Tribunal], the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of Section 10 [or sub-section (4-A) of Section 10-A] 

(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. 

Section 26Penalty for illegal strikes and lock-outs

(1) Any workman who commences, continues or otherwise acts in furtherance, of, a strike which is illegal under that Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. 

(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. 

CASE LAWS

Standard Vacuum Oil Co., Madras v. Gunaseelam, M.G., (1954) II LLJ 1956

It was held that there was no “cessation of work” or concerted refusal to work and the action of the employees to apply for casual leave enbloc did not amount to strike.

Kameshwar Prasad v. State of Bihar, 1962 SCR 369

SC held that a person did not lose his fundamental rights by joining Government service. Thus government employees doesn’t go on strike but can demonstrate and sustain their fundamental right of speech and expression.

DISADVANTAGES AND ILL-EFFECTS Revenue loss When a strike takes place, a state or country has to bear huge

revenue losses, Since at the time of a strike the state-run transportation system comes to a standstill .

Studies are affected The students of various schools and colleges get primarily affected by

a strike since the institution authorities have no choice but to close the educational institution due to fears of political turbulence and chaos.

Participant’s families When work stops because of an industrial dispute, often it is not only

the workers themselves who are affected, their families also feel the impact of lost household income.

Patients get affected Since the transportation system during a strike is lamed, patients

can’t reach the hospitals when the need is utterly high. When they can’t reach the hospitals on time, it leads to horrible outcomes.

CONTINUED… Peoples’ lives are at risk As strikes often turn into violent protests

and clashes between political parties and

police , people often get injured. On

certain occasions the injuries become so

serious that innocent people lose their lives. Tourism industry and small businesses are affected Tourists coming to a state get a bad

impression when they see the evils of a

strike. This is not beneficial for the travel

and tourism industry of the state that

fetches a lot of revenue to country . Small businesses are also hit by these

strikes since they largely depend on their

daily sales or turnover.

ADVANTAGES Apart of the disadvantages strikes also

provide certain amount of benefits such as:- Gives the economy an idea something is

wrong Gives them media attention to grow Gives them better opportunities after press is

involved. Gives them what they went on strike for Improves their situation

CONTINUED…..Apart from that public figures

ANNA HAZARE and BABA RAMDEV

went on a hunger strike in order to

make the common public know about the

jan lokpal bill and make the government to

pass the same .

Candlelight processional conducted by

the public for heroic act of certain

person creates a peaceful environment

through out the country.

CONCLUSION As we all know that strikes are more

disadvantageous but still we have to admire the fact the In order to fulfil our desires we have to sacrifice certain things.

Prior to the announcement of strike it should be realised that it is justified or not.

More importantly at the time of strike violence must be avoided.

But still its rightly stated that “STRIKES ARE NOT A USUAL RIGHT OF THE EMPLOYEES OR THE PUBLIC”

ANY QUESTIONS?