This article is written by Tanishq Khandelwal and co-authored by Shriya Singh. It discusses in detail the meaning, features, history, types and legality of strikes. Further, it delves into its fundamental values and consequences. Along with it, it also talks about illegal strikes.

Brief Overview 

The right to strike is recognized globally. Article 19(1) of the Constitution of India, 1949 guarantees the protection of certain freedoms as fundamental rights.

All citizens shall have the following rights-

1. To freedom of speech and expression;
2. To assemble peaceably and without arms;
3. To form associations or unions;
4. To move freely throughout the territory of India;
5. To reside and settle in any part of the territory of India; and
6. To practise any profession, or to carry on any occupation, trade or business

However, a strike is not expressly recognized in the Constitution of India. The Supreme Court settled the Case of Kameshwar Prasad v. The State of Bihar (1958) by stating that strike is not a fundamental right. Government employees have no legal or moral right to go on strikes.

Introduction

One vital piece of legislation that governs the Indian Labour Law with regard to trade unions and individual workers engaged in any industry in India is the Industrial Disputes Act, 1947. It was put into effect in order to provide access to tools and machinery as well as procedures for investigation and resolution, irrespective of the size of the industry.

Labour strikes in India are not uncommon and they occur across various industries and sectors. These strikes are often a result of disputes between workers and employees regarding wages working conditions benefits or other likewise issues. The number of labour strikes can vary depending upon the prevailing socio-economic and political factors in the country.

The right to strike is acknowledged by the legislation as a statutory right. It also establishes requirements that must be met in order for a strike to be legitimate and any violation of them would regard the strike as unlawful or illegal.

Meaning of strike 

As per the Cambridge Dictionary, “Strike is to refuse to continue working because of an argument with an employer about working conditions, pay levels, or job losses”.

A strike is a powerful weapon used by trade unions or other associations or workers to put across their demands or grievances by employers or management of industries. In another way, it is the stoppage of work caused by the mass refusal in response to grievances. Workers put pressure on the employers by refusing to work till the fulfilment of their demands. Strikes may be fruitful for workers’ welfare or they may cause economic loss to the country.

In protecting the legitimate rights and interests of workers, the right to strike plays a vital role. It is one of the most effective weapons of the worker in its struggle with capital to secure economic justice, as it empowers the vulnerable workers to fight oppressive cases when no possible constructive option is left to them. Today, strikes are resorted to by every section of society to express their grievances and to put forth their demands. The strike has its foundation in the sentiment of a worker that his wages and working conditions are unfair. The labourer’s privilege to quit work and subsequently bring a forced readjustment of conditions of employment is the very basic strength and desired outcome of any strike.

The right to strike is considered an essential component of the right to association.  If the right to strike of the workers is denied, then the right to form unions would be an empty right. The freedom of association cannot be fully exercised if the association is not able to protect its member’s interests and achieve the objectives for which it was formed. The essence of forming and joining a trade union would be ineffective if workers could not exercise the right to strike as a legitimate right. It is also complimentary to freedom from slavery and forced labour. The denial of the freedom to strike means that employees can be forced to work contrary to their will and will not be allowed to stop working at will, thereby depriving them of their freedom from forced labour and constituting a grave insult to justice.

The right to strike is not only a significant right but is an integral part of collective bargaining. Where collective bargaining breaks down, workers tend to resort to strikes to get their demands fulfilled. For the trade unions, the threat of a strike is a useful weapon for compelling employers to come forward for bargaining. It plays a rightful role as an incentive for management and labour to get their differences settled. The two sides are compelled to make compromises and negotiate so as to come to an agreement because of the hovering prospect of economic sanctions. Taking away the right of workers to strike may only force them to adopt different protest strategies that they see as alternatives, which may equally be injurious and detrimental to the relationship between labour and management. Thus, the denial of the right to strike amounts to a violation of all these basic freedoms, as the common goal of safeguarding the interests of the workers cannot be achieved by either of them individually.

However, the importance and nature of strikes are subjective, which is why they vary from place to place. It may be used as an organising device or a means of general protest. It is also used as a political demonstration and as an integral part of the collective bargaining process, which is used to induce agreement.

The International Labour Organisation adopted a resolution on January 28, 1993, and the Fourteenth International Conference of Labour Statisticians adopted the interim resolution that replaced the former. The word “Strike” was defined as “a temporary work stoppage affected by one or more groups of workers with a view to enforcing or resisting demands or expressing grievances, or supporting other workers in their demands or grievances“.

Strike under Industrial Dispute Act, 1947

For strike, the Industrial Dispute Act under 2 (q) defines strikes 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”. 

In the case of “Cox and Kings Limited v. Their Employees(1977)”, the Court held that a strike can be considered justified if it is in connection with a current labour dispute or directed against an unfair labour practice of the employer.

Under the following situation as given under Section 22, on these grounds the strikes can be considered illegal:

1. Without giving to employer notice of strike within six weeks before striking; or
2. Within fourteen days of giving such notice; or
3. Before the expiry of the date of strike specified in any such notice as aforesaid; or
4. During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

But herein it is important to notice that these arrangements don’t forbid the labourers from demonstration yet expect them to satisfy the condition before taking to the streets. Further, these arrangements apply to open utility assistance in particular. The Industrial Dispute Act, 1947 doesn’t explicitly specify who takes to the streets. Nevertheless, the definition of the strike itself suggests that the strikers must be persons, employed in any industry to do work.

Further, the provisions under Section 23 are general in nature. It imposes general restrictions on declaring strike in breach of contract in both public as well as non-public utility services in the following circumstances mainly: –

1. During the pendency of conciliation proceedings before a board and till the expiry of 7 days after the conclusion of such proceedings;
2. During the pendency and 2 months after the conclusion of proceedings before a Labour Court, Tribunal or National Tribunal;
3. During the pendency and 2 months after the conclusion of the arbitrator, a notification has been issued under subsection 3 (a) of Section 10 A;
4. During any period in which a settlement or award is in operation in respect of any of the matters covered by the settlement or award.

The main purpose of this Section is to maintain an untroubled and disciplined atmosphere when conciliation and negotiation proceedings are in the process without any disturbance.

As held in the case of Ballarpur Collieries Co. v. The Presiding Officer, Central Government Industrial Tribunal(1972), “It was held, if a person was employed in public utility services then, he/she cannot go for a strike without the consent and gathering the procedures which must be satisfied in the provisions.”

Essential requirements for a strike

The necessary requirements for the strike to exist are

• There must be a cessation of work. Cessation means abandonment, stoppage of work or reluctance to perform the duties of their posts. It is the most important characteristic of the strike. It is stoppage of work or refusal to continue work that the employees are required to do. The cessation of work must be voluntary and temporary. Permanent cessation of work would result in termination of the employment contract. There must be an actual cessation of work. A mere apprehension or threat of a strike or resolution to go on at some future date is not a strike. Cessation of work may be inside the very establishment, even on their seats.    

The cessation of work must be by persons employed in any industry. It means that the establishment must be an industry within the definition of ‘industry’ provided under the Industrial Disputes Act of 1947. Within the meaning of Section 2(q), if the establishment in which the strike is carried out is not covered under the definition of industry, even though all other ingredients of the strike are fulfilled, it will not be a strike. 

• The strikers must have been acting in combination or concerted action under common understanding. The word ‘acting in combination’ came up for interpretation before the Industrial Tribunal Bengal in the case of Shamnuggar Jute Factory Ltd. vs. Their Workmen (1963). The Tribunal observed that the words ‘acting in combination’ imply that the group of people in employment must be demonstrated to be working in concert, with their psychology oriented towards achieving a particular objective, such as the group’s direct common objective being to terminate employment. Individual worker’s work stoppages do not constitute a strike. Thus, a strike implies cessation of work by a number of employees under common understanding. Unless the common intention of a number of workers is proved, it would not amount to a strike.
• The strike must be the result of an industrial dispute- The cessation of work must be preceded by an industrial dispute. According to the Industrial Disputes Act of 1947, an industrial dispute arises from a disagreement or conflict between-

• Employers and employers 
• Employers and workmen 
• Workmen and workmen,

The dispute or disagreement ought to be related to

• Employment 
• Non-employment 
• Terms of employment 
• Conditions of service of any persons 

The dispute or difference under Section 2(k) must be a real and substantial difference with an element of persistence and continuity until resolved. The dispute or difference, if not resolved, is likely to endanger the peace of industry and the community.

• The person must be employed in an industry according to the definition of strike for the applicability of this Act. The person must be employed in an industry. In Bangalore Water Supply & Sewerage Board vs. Rajappa (1978), the Supreme Court interpreted the definition of the industry as covering both the private and government industries. Thus, all industries, irrespective of their status, whether they are owned and run by the state or by entrepreneurs, are covered under the Industrial Disputes Act of 1947.

Illegal Strikes

There are penal provisions contained in the Act to deal with the penalties in respect of strikes. The penalties are contained in Section 26 to Section 29 of the Industrial Disputes Act of 1947.

If a worker initiates, persists in, or takes any other action in order to support a strike that is prohibited by this Act, they may face a suspension, which can be a month-long, a fine of up to fifty rupees, or more.

The act of commencing a strike must be a voluntary act. A worker cannot be said to have commenced any strike if he can establish that he was willing and prepared to join work and made efforts for the same but was prevented by other workmen from doing so. Workmen can be said to be continuing a strike if he is voluntarily absent from work. Workmen can also act in furtherance by abetting the strike.

Penalty for instigation

Anyone who encourages or incites others to participate in a strike that is prohibited by this Act may face up to six months in prison, a fine of up to one thousand rupees, or both.

The literal meaning of the terms ‘instigates’ or ‘incites’ is to push forward, support, or stimulate acting out. Something more profound must be involved than just asking someone to perform an act.

Penalty for Breach of Settlement or Award

A strike or lockout about any of the subject matter covered by a settlement or award that occurs during the time the settlement or award is in effect is illegal.

Protection for people refusing to participate in illegal lockouts or strikes

The Act provides protection to persons who refuse to participate in any illegal strike or lockout. It provides that if any person refuses to participate in or continues to participate in any strike which is illegal, he shall not be subjected to any expulsion from the trade union or society or penalty or deprivation of any right by reason of such refusal or any action taken by him.

Regulation of strikes

The appropriate government is empowered to prohibit the continuance of any strike or lockout in relation to an industrial dispute that has been brought forward to a Board, Labour Court, Tribunal or even to the National Tribunal. If an industrial dispute is referred and an order prohibiting any strike or lockout has been made by the appropriate government, the strike or lockout shall be illegal if it is continued after the order has been made.

Similarly, in accordance with  Section 10A (4-A), the relevant government may, by order, forbid the continuation of any strike or lockout related to an industrial dispute that has been referred to arbitration after a notification has been sent out in accordance with Section 10A(3-A).

Features of strike

According to Ludwing Teller, the word ‘strike’, in its broad sense, corresponds to a disagreement between an employer and his employees that results in a mutually beneficial suspension of employment.

He described four characteristics of a strike, which are as follows:

• A relationship between the person or persons who initiate the strike and the person or persons against whom the strike is called is established,
• The relationship as one of employer or employee is constituted,
• The ongoing dispute between the parties and the utilisation by labour of the weapon of concerted refusal to continue to work on the strategy of convincing or coercing adherence to the demands of the workmen,
• The contention advanced by workers is that even in a state of hostile suspension, although work ceases, the employment relationship is deemed to continue.

History of legal regulation of strikes in India

Just like in most parts of the world, strikes in India also started as a result of the modern factory system. India made a late entry into the industrial phase of economic evolution due to colonial rule. The arrival of industrialisation in India could be traced to the 1850s, with the formation of the cotton and jute mills in Bombay and Calcutta. After this, both in Bombay and Bengal, the number of factories began to increase. During this time, the growth of the industries brought about both mass production and social evils like the exploitation of women, child labour and disappointing conditions at the workplace.

The First Factories Act was passed by the British government in 1881 on the recommendations of the First Factory Commission, which was appointed in 1875. However, this Act proved to be inadequate as it failed to do much for the welfare of workers.

There were many strikes for the improvement of the conditions of workers. One of the first strikes was in 1877 at the Express Mills in Nagpur over wages. The province of Bombay and Madras alone recorded twenty-five strikes between 1882 and 1890.

A social reformer who made a significant contribution to the labour movement was Narayan Meghji Lokhande, who organised the first labour association, namely the Bombay Mill Hand Association, in 1890 for the redressal of grievances of its members and to urge improvement of the Factories Act of 1881. He also started a labour journal, Dinbandhu, in 1890 to place before the authorities and employers the legitimate grievances of the workers. It was in 1891 that the new Factories Act was passed. The workers and the leaders were not satisfied even with the new Factories Act. There were strikes in Bombay, Ahmadabad and Calcutta during the period from 1894- 1897.

The First World War happened in August 1914. The price of essential commodities had risen due to the war, leading to a higher cost of living and an increase in the employment of workers in factories. Thus, the urge for workers to unite strengthened. There were a number of strikes by the workers against the rising cost of living, ruthless exploitation and suppression. 

The Trade Disputes Act was passed in 1929 in India on the model of the British Industrial Courts Act of 1919 and the British Trade Disputes and Trade Unions Act of 1927. For the first time, restrictions were imposed on the right to strike by this Act in public utility services, where a strike without 14 days prior notice was illegal and punishable. In India, Labour Day was celebrated for the first time on May 1, 1927.

After the emergence of the unfortunate World War II in 1939, the number of strikes increased from 101 to 169. To deal with the anti-British political atmosphere in the country, the Government of India issued notifications and ordinances both at the central and provincial levels to restrain strikes and lockouts and provide for compulsory conciliation and adjudication of industrial disputes.

Rule 81-A of the Defence of India Rules, 1939 was added by notification in January of that year, which prohibited strikes and lock-outs in industries without 14 days prior notice. By this rule, no distinction was made between the public utility services and others. A strike or a lock-out was also prohibited when a trade dispute was referred to a statutory enquiry or for conciliation or adjudication, or during the pendency of the proceedings and two months thereafter.

The Defence of India Rules were amended in 1943 by the Government of India, and a new Rule 56-A was introduced for the prevention of Hartals or stoppages of work in places of employment that were caused by the arrest of Gandhiji. The contravention of this provision would attract the punishment for imprisonment for a term that could extend to five years, a fine of up to Rupees five lakhs, or both. During this period, the Industrial Relations Act, 1946 was passed, and the Industrial Disputes Bill was proposed.

After independence, industrial unrest was at its peak due to severe economic crises, a rise in food grain prices, and shortages in supplies of food, raw materials and other essential commodities. There were 1,811 strikes.

The Government made serious attempts to maintain industrial peace to raise production and rebuild the economy. The Government enacted the most important legislation with regard to labour relations, that is, the Industrial Dispute Act of 1947 incorporated the fundamental ideas and essential principles of Rule 81-A of the Defence of India Rules of 1942.

Restrictions and limits pertaining to the procedure of the right to strike were imposed by the Industrial Dispute Act of 1947. The Industrial Truce Resolution was adopted on December 18, 1947, at the Tripartite Industries Conference, which was attended by leading industrialists, labour leaders and the Government with the aim of maintaining industrial peace. The Resolution obligated labour and management to give their consent to sustaining industrial peace and absolving strikes, lockouts, and production contractions for a period of three years.

The Central Civil Services (Conduct) Rules, 1955, were issued by the President of India, under which government servants were prohibited from participating in any demonstration or resorting to any strike in connection with any matter pertaining to their conditions of service. 

Till 1957, even in the Conduct Rules, there was no specific prohibition of strikes by government employees. However, strikes were treated as an unauthorised absence from duty, which was subject to disciplinary action by the authority concerned.

Types of strikes

Based on the phenomena of strikes around the world, strikes can be categorised into economic strikes, sympathy strikes, general strikes, sit-down strikes, slow down strikes, hunger strikes and wildcat strikes have been experienced.

Economic Strike

Such a strike happens due to economic demands like increments in wages and allowances like house rent allowance, transport allowances, bonuses etc.

An economic strike is a strike concerning the wages, hours and other conditions of work and terms of employment of the worker. In economic strikes, the workers demand betterment regarding their wages, house rent allowance, travelling allowance, dearness allowance and other facilities such as privilege leave and casual leave.

Sympathy Strike 

In such a strike union or workers of one industry join the strikes already hailed by other unions or workers. A sympathetic strike is one in which striking employees have no demands or grievances of their own but strike for the purpose of aiding others, either directly or indirectly. A sympathetic strike is a strike within the purview of the Industrial Disputes Act. 

In the case of S. Kumbalingam vs. Indian Metal and Metallurgical Corporation, Madras (1963), it was held that when the workers in concert absent themselves out of sympathy for some cause wholly unrelated to their employment or even in regard to the condition of workers in service under other management, such absence could not be held to be a strike, as the essential element of the intention to use it against the management is absent. The management would be entitled to take disciplinary proceedings against the workmen for their absence on the ground of breach of the condition of service.

General strike

This strike was intended to increase the political pressure on the ruling party by all unions or members in a region or state.

It normally refers to a large-scale strike organised by employees belonging to an industry, region or entire country. Since these strikes are organised on a mass basis, they create a huge impact and often put a lot of pressure on employers. However, these strikes are not intended against any individual employer. 

A few examples of general strikes in India are the nationwide strikes of November 1991, June 1992, September 1993, September 1994 and September 1998.

Sit-in Strikes 

Other names for sit-in strikes are pen-down, tools-down, and stay-in. In these strikes, employees report for work but do not work. These strikes may sometimes be planned and other times spontaneous, depending on the happenings and urgency of the situation. In these forms of strikes, employees peacefully enter their place of work without indicating their intention. But after entering their workplace, they do not do their work. If blue-collared workmen do not do their work, it may be a tool-down strike, and if white-collared workmen do not work, it is a pen-down strike.

In such cases, workers hold strikes at the workplace and none of the workers stay absent from duty but they all refuse to work till their demands are fulfilled.

In the case of Punjab National Bank, Limited vs. Its Workmen (1963), the Court held that a pen-down strike falls within the definition of strike under the Industrial Disputes Act, 1947 and is not per se illegal. In this case, the employees of the appellant bank commenced a pen-down strike, followed by a general strike during the pendency of arbitration proceedings. The strike was peaceful and non-violent. The Court held that the pen-down strike did not disentitle the employees to reinstatement.

Slow down strike 

It means workers or unions don’t refuse to work but put pressure on industries to get their demand by reducing or restricting the output of the production industry. Slow down, also referred to as go-slow or work-to-rule strikes, are forms of strikes wherein the employees work but not up to their usual capacity or level. They reduce their output intentionally by working below the usual benchmark they had previously set to show their protest to the employer. In this type of strike, the employee’s revenue is badly affected, even though the employees continue to get their wages. Here, the employee strictly follows the rules and just refuses to deviate from them. The workmen reduce the speed of work or adopt dilatory tactics to reduce the usual production while pretending to be engaged in work.

In the case of Bharat Sugar Mills Ltd. vs. Jai Singh (1961), the Court held that going slow is a deliberate delay of production by workmen pretending to be engaged in the factory. It would not be wrong to look at it and call it dishonest. Delaying production and eventually reducing the output, the workers claim to have remained employed, thus being in a position to be entitled to full wages. Go-slow is likely to be much more harmful than total cessation of work by strike, as during a strike much of the machinery can be fully turned off. During the go slow the machinery is kept going at a reduced speed, which is often extremely damaging to machinery parts.

Hunger strike

It is one of the painful strikes by the strikers where workers go on strike without having food/water to redress their grievances. The employees of Kingfisher Airlines went on hunger strikes for salary dues for several months.

The employees undertake fasting by abstaining from both food and work as a means of protest in a hunger strike. Since there is a cessation of work due to employees’ participation in the fast, it is viewed as a strike. The purpose of such a hunger strike is to put forward their grievance to the employers and get the attention of the government and the general public to the cause of the strike. It is non-violent and is not strictly a strike under the Industrial Disputes Act of 1947. In a hunger strike, there is not necessarily a cessation of work. But when a hunger strike usually results in their cessation or suspension of work, then it would of course constitute a strike.

In the case of Pipraich Sugar Mills Ltd. v. Pipraich Sugar Mills Mazdoor (1956), the Supreme Court held that a hunger strike amounted to a strike where workmen who held key positions in the factory went on a hunger strike with the result that other workmen who came to work could not do work.

Wildcat strike 

Such a strike happens by the workers without the consent of the union and authority. In 2004, advocates went on a wildcat strike at civil courts in Bangalore to protest the remarks allegedly made by an assistant commissioner against them.

However, if we look at the history of strikes, it is found that strikes mostly occur due to issues related to wages by the employers to the workers.

Legal Strike

A strike is legal if it does not violate any provisions of the statute. Though the right to strike is not expressly recognised as a legal right under the Industrial Disputes Act, 1947, strikes not resorted to in contravention of the provisions of Sections 22 and 23 of the said Act are considered as legal as enunciated by Section 24 of the said Act.

Illegal Strike

In India, strikes became illegal, not because of objects but because of the breach of statutory provisions. Thus, strikes in contravention of the provisions of the Industrial Dispute Act, of 1947, the Central Civil Services (Conduct) Rules, of 1964, and the Essential Services Maintenance Act of 1981 are illegal. The circumstances under which strikes shall be illegal and under which they shall be deemed to be legal are provided in Section 24 of the Act.

Particular Strike 

Particular strikes are limited in scope and are usually confined to a single plant or a few plants or to a single trade or occupation. Whatever the form or method may be, it is a strike within the meaning of the Act, provided it fulfils the requirement of Section 2(q) of the Industrial Disputes Act, 1947. However, the nature and importance of strikes change from place to place, as they are not static. It may be used as an organising device or even as a means of general protest. Its use could be extended to a political demonstration or as a significant part of the collective bargaining process used to induce agreement.

Few Instances of Strikes in India

• In March 2012, nurses employed by different hospitals in Chennai went on strike for 7 days demanding from hospital management hike of basic wages to Rs 15000/-, apart from leave benefits and annual increments. All the well-known hospitals like Apollo, Fortis, Max etc. came to a standstill because of the strike.
• In January 2014, Kingfisher employees went on hunger strike due to non-payment of salary for 17 months.
• In September 2016, tens of millions of Indian workers in the public sector went on strike demanding higher wages. Banks and power stations were kept shut and public transportation systems froze in some of the states. Later the government considered their demands and increased the wages. It was the world’s largest-ever strike.

Common reasons for strikes

There are many causes of strikes. Anything that affects the minds of the workers can induce them to go on strike. They are now conscious of their rights. Wherever there is a violation of the rights of workers or there is unfair labour practices or unnecessary victimisation, it is bound to lead to an atmosphere of strike. The causes of strikes can be divided into the following categories-

Economic causes

Economic causes include questions pertaining to wages, bonuses and allowances; retrenchment of workers by the employer; a faulty retrenchment system; leave; and so on. Low wages, irrespective of rising prices, demand for a rise in dearness allowance, intolerable working and living conditions, issues pertaining to hours of work, etc. are some other economic causes that instigated a number of strikes in India.       

• Demand for wages– In India, the remuneration paid to workers for their work is not adequate to meet their expenses. They can neither provide for the education of their children nor feed them properly. Their living conditions are deplorable. The low wages are the main reason for discontent among the workers. While the price level has been increasing constantly at a higher rate, the increase in the rate of wages could not keep pace with it. This led to a situation where workers resorted to striking to raise their rate of wages. Since the cost of living is increasing, workers generally bargain for higher wages to meet the rising cost of living index and to increase their standard of living.     
• Dearness allowance and bonus– Due to the high rate of inflation and rise in the cost of living, demand is made for increasing the dearness allowance, as the high rate of inflation and the dearness allowance are co-related. The various trade unions in India have been demanding 100 per cent neutralisation of prices by a corresponding increase in the dearness allowance.  Another important cause of industrial disputes in India is the demand for bonuses by the workers. This has resulted increased demand to share profits of the industrial units from workers and non-acceptance of this provision from employers. Though in many industries bonus is being paid now, the amount or percentage of bonus is a source of frequent disputes among workers and employers.           
• Demand for improved working conditions– Industrial disputes in India have also resulted from the demand for improved working conditions such as leave, fewer hours of work, better working conditions like better safety measures, canteen facilities etc. The working conditions in most of the countries are unhygienic and poor in respect of lighting and ventilation. These unhealthy conditions make workers discontented and lead to a strike.        
• Demand for reinstatement- At times, employers arbitrarily retrench many workers, and this is naturally resisted by the affected workers. Besides, other workers also feel insecure. Therefore, the workers resist such moves. They stand united and agitate for the reinstatement of the retrenched colleagues.       Modernisation of Industries In modern industries, many new and sophisticated machines are installed. These machines are labour-saving and therefore result in the retrenchment of workers.

Managerial causes

The managerial causes include the wrongful treatment of workers by the management, unfair labour practices, defective recruitment and worker development policies of the management, non-recognition of the trade unions by the management, political causes, etc.         

• Non recognition of trade unions– Sometimes, trade unions are not recognised by employers, and it eventually becomes a source of contention between the employer and the employees. The employees may declare a strike to demand recognition of their trade union conflict, which may result in strikes, etc.·        
• Resistance to misconduct by officers– Today there is sufficient awakening among the workers, and they are very conscious of self-respect. Therefore, any slight insult by officers provokes them. Such incidents may sometimes ignite the fire of conflict and tension, which takes the form of gheraos, etc.·         
• Defective recruitment and worker development policies– Indian industries recruit labour through faulty systems, which creates many problems. Besides, partial treatment by management with regard to grooming, promotion or demotion of workers is also a cause of dissatisfaction among workers, leading the workers to resort to strike.·         
• Insufficient and defective leadership– The reason for some industrial disputes is also the lack of able leadership in both management and trade unions. Inefficient managerial leaders do not care for the problems of the workers. Due to a lack of competence on the part of the supervisors and managers, neither they attempt to improve the human and labour relations, nor do they try to develop mutual understanding between the workers and themselves.

Political causes

These days, various political parties in India fight with each other to gain the sympathy and support of workers, and for this reason, they go out of their way to support all types of distress and even foment discontent among them. All labour unions in India are connected with one or another political party, which uses workers for its own selfish motives.

Some important political strikes are organised by industrial workers in India. Some strikes have occurred owing to the agitations of political parties on questions like the reorganisation of states or the national language, etc.

Illegal Strikes

Section 24 of the Industrial Dispute Act, 1947 provides that strikes which are in non-compliance with Section 22 and Section 23 are illegal.

• A strike or a lockout shall be illegal if,

1. It is commenced or declared in contravention of Section 22 or Section 23; or
2. It is continued in contravention of an order made under subsection (3) of Section 10 of subsection (4-A) of Section 10-A.

• Where a strike or lockout in pursuance of an industrial dispute has already commenced and is in existence all 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 lockout shall not be deemed to be illegal; provided that such strike or lockout was not at its commencement in contravention of the provision of this Act or the continuance thereof was not prohibited under subsection (3) of Section 10 of subsection (4-A) of 10-A.
• A strike declared as the consequence of an illegal lockout shall not be deemed to be illegal.

Constitution stand on the legality of the strikes

Contrary to the international laws where the right to strike is generally considered as a fundamental human right; but here in  India Right to Strike is not expressly recognised by the law, it is not an absolute right, exceeding this right comes with reasonable restrictions which are being imposed by the state. 

Entry 29 in List III, (Concurrent List) of the VII schedule of the constitution of India, deals with the matter of trade unions, industrial and labour disputes; Entry 61 (concurrent list) deals in the matter of industrial disputes, concerning union employees, empowered the central as well as the provincial and presidency legislatures to legislate on the following matter.

According to the concurrent list, it specified that the trade Union, Industrial and Labour disputes related to entry 22; entry 23 deals with social security and social insurance, employment and unemployment and entry 24 deals with the welfare of labour, including the condition of work, provident funds, employers liability, workmen’s compensation etc. Thus, both the parliament and the legislature have the competence to legislate on this subject.

In Article 19(1) of the Indian constitution guarantees the protection of certain freedoms as a fundamental right. The constitution of India has specified that all citizens shall have the rights i.e, To freedom of speech and expression, To Assemble peaceably and without arms, To form associations or unions, To move freely throughout the territory of India, To reside and settle in any part of the territory of India, and to practise any profession, or to carry on any occupation, trade or business. But the principle of the right of the strike is not expressly defined or recognized under the Indian constitution 

In the case of ‘All India Bank Employees Association v. I. T.(1961)’, the Supreme Court held that “the right to strike or right to declare lockout may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not regarding the criteria laid down in clause (4) of Article 19 but by totally different considerations.”

The Supreme Court concerning strikes has the same point of view that the right to strike is an important weapon in the armoury of employees as a mode of redress. It is a right earned by the employees as a form of direct action during their long struggle. It is a weapon to safeguard and preserve liberty. It is an inherent right of every employee. Being an essential right for every employee, the right to strike is an inherent legal strike, despite the fact it cannot be raised to the status of a fundamental right. 

Both the Indian constitution and the Industrial Dispute Act, 1947, are on common grounds, both of them think that the right to strike is a legal right and the sustainment of this right comes with reasonable restrictions. The significance of the right to strike is the core of significance to the principle of collective bargaining of each worker.

Hence, the constitution provides a guaranteed fundamental right to association and union under Article 19 of the Indian constitution but it doesn’t provide the fundamental right to go on strike.

To date, it remains a disputable topic whether the right to strike is a fundamental right or not. No clear view has been provided by courts on strikes. But one thing is clear and cut that the right to strike is a statutory implied right with certain restrictions.

Consequences of illegal strike

The following are the major consequences of an illegal strike-

Economic Consequences

Losses incurred by strikes are humungous and serious and, in some cases can even lead to the bankruptcy of the industry. The economic losses caused by the strike may be serious for the employer. During strikes, production stops, and sales go down, due to which rival companies use this opportunity to capture their market and the industry loses its consumers and their trust, strikes badly affect the market goodwill of the company. 

Both parties i.e, employer and employee are at a loss; for employers the quick losses capital loss, loss of profits, the delaying of orders and loss of goodwill as well as the possible incurring of insurance or strike-breaking expenses while on the worker’s side, there is the loss of wages, the contracting of debts and all the personal hardships that may be involved.

The losses incurred by a strike are difficult to calculate economically. Strikes can have adverse effects leading to an unstable foreign investment in an economy. Furthermore, the negative effects on international trade include the hindrance of economic development and creating great economic uncertainty – especially as the global media continues to share details, images and videos of violence, damage to property and ferocious clashes between strikers and security.

Social Consequences

The social consequences of the strike are serious, and mostly affect the employees; as they are the ones who are losing their wages, they are at greater risk of losing their jobs. Loss of wages or loss of jobs will directly affect in curtailing their consumption and expenses and further strikes in essential utility services affect the tripod of any industry i.e., suppliers, manufacturers ( both employer and employees ) & customers.  

A hostile attitude on the part of the employer towards their employees leads Dismissal of workmen

In Punjab National Bank v. Their Employees, the court observed that in the strike, the employer might bar the entry of the strikers within the premises by adopting the effective and legitimate method in that behalf. He may call upon employees to vacate, and, on their refusal to do so, take due steps to suspend them from employment, proceed to hold proper inquires according to the standing order and pass proper orders against them subject to the relevant provisions of the Act.

The effect of a strike is that the workmen cannot claim wages for the period during which an illegal strike continues. It is observed that if the strike is legal the workmen are entitled to wages. A strike is legal or illegal, justified or unjustified is the question of fact which is to be judged in the light of the fact which is to be judged in the light of the facts and circumstances of each case.

In Crompton Greaves Ltd. v. Workmen(1978), the Supreme Court observed that if a strike is legal as well as justified then, the worker is entitled to wages for the period of strike, the strike should be legal and justified. Whether a particular strike is justified or not is a question of fact, which has to be judged in the light of the facts and circumstances of each case. The use of force, coercion, violence or acts of sabotage resorted to by the workmen during the strike period which was legal and justified would disentitle them to wages for the strike period.

A strike is legitimate if it doesn’t disregard any arrangement of the provision. Again a strike can’t be said to be unjustified except if the purposes behind it are altogether unreasonable or irrational. It is likewise all around settled that the utilization of power or brutality or demonstrations of treachery turn by the labourers during a strike disentitles them to compensation for the strike time frame.

Legal consequences

The legitimateness of a strike may rely upon the article, or reason, of the strike, on its planning, or the direction of the strikers. The article, or items, of a strike and whether the articles are legitimate are matters that are not in every case simple to decide A strike, legal or illegal, justified or unjustified does not dissolve the employer-employee relationship.

Normally taking part in the illegal strike amounts to misconduct on the part of a workman for which they invite the punishment of dismissal. Whether the employer is free to punish dismissal from services in such cases has been subject to regular domestic enquiry to determine the quality of misconduct and quantum of punishment by finding out whether they were peaceful strikes or violent strikers. It is only after complying with these requirements, that a workman if found guilty of the charges may be dismissed.

The question of whether the workmen are entitled to strike pay or not is generally based on the dilemma of whether the strike is justified or not.

The Supreme Court in Bank of India v T.S. Kelawala(1990), “held that where the contract or standing orders or the service rules regulations are silent on the issue of workers entitlement to wages during the strike period, the management has the power to deduct wages for absence from duty when the absence is concerted action on the part of the employees and the absence is not disputed, irrespective of the fact whether the strike was legal or illegal. There is no statutory provision either in civil law or in industrial law prescribing payment of strike wages. Strike pay cannot, therefore, be claimed as a legal right.”

The consequences of industrial disputes are often far-reaching as they disturb the economic, social and political life of a nation. In strikes, besides the employer and employee, there is a third party involved, i.e., the public. The economic effects are first felt by the employer and then by the community at large, and in furtherance of their aims, workers also inflict economic hardships on themselves. 

The following are the impacts of strikes:

Impact of strikes on workers 

• Sufferings of workers– The workers face many difficulties during strikes. During the strikes, not only workers but also their families suffer as they are not paid during the strike, which affects their physical and mental health.·         
• Loss of wages– The workers may not be paid during the strike period. Thus, workers and their families have to face financial difficulties due to such disputes. The workers and their family members also suffer health loss due to mental stress resulting from loss of wages. The loss of wages also increases the indebtedness among the workers. ·        
• Loss of job– The prolonged strikes by the workers sometimes lead to lock-out by the employer or closure of the industry due to industrial sickness. This results in the loss of jobs of the workers and increases unemployment and unrest among them.
• Victimisation by the employers– Due to industrial disputes, a feeling of hostility develops between the employer and the employee, due to which the employer loses sympathy for the workers. As a result, the employer may deny certain welfare and other facilities to the workers once the strike is over. Injury to the workers sometimes leads to confrontation, which occurs between the security forces and the workers during the protest. Security forces use force like lathi charges, firing, etc. to suppress striking workers, which causes physical injuries and sometimes the death of workers.

Impact of strikes on the employer

• Employer suffering– The employer suffers equally from workers during strikes as they face output loss, adverse effects on the quality of production, and damage to property. All this affects labour management relations.
• Effect on output and quality of production– Strikes affect the productivity and profitability of the industrial unit. Loss of output not only affects the industry that is directly affected by the strike but also other industries that are dependent on the industries affected by strikes. The strike also affects the quality of production due to limited interest or non-cooperation from workers during the period of the strike.      
• Effect on the goodwill of the industry– The strikes affect the market reputation of the industry. Society loses faith in the industry. Hardworking, efficient and sincere workers would become reluctant to join an industry where strikes are really common. The rate of investment is also reduced due to strikes.
• Bad effect on labour-management relations– Strikes affect labour-management relations as they can lead to the breakdown of communication between the employer and employees. The management’s attitude changes towards the workers, which causes tension between the employer and the employees, and this disturbs the smooth working of the industrial unit.
• Damage to property– Sometimes strikes result in the destruction of the property of the employer, as the strikers may turn violent and destroy the property of the industry. The property may also get damaged due to the confrontation of the workers with the police, which causes loss to the employer. The employers also have to bear the additional expenditures for protecting the property.

Impact of strikes on society

Strikes not only affect the employer and employee, but society as a whole equally suffers from the effects of the strikes. 

• Impact on the economy– Industry and economy are interrelated and interdependent. Due to strikes, industrial production is decreased, exports suffer and this affects the entire national economy. Strikes lead to shortages of essential commodities, which cause an artificial price rise. Strikes not only harm the industry involved but also lead to all-round economic depression. The closure of one industry due to a strike leads to a reduction in demand for goods from other industries or trades. If the industry manufactures items that are used in the conduct of other industries while it is under work stoppage, it lessens the supply of raw materials for their production.
• Hardships to consumers– Strikes and lockouts create problems for consumers. Owing to low production levels, items meeting their needs are not always readily available, and malpractices such as black marketing practices drive up the costs of these items.
• Threat to social security and public peace– When tension and frustration among workers and employers take serious form, the workers are liable to become violent or indulge in sabotage. This may threaten public peace and safety and may compel the employer to seek the help of the police force. Effect on the Government Strikes lead to loss of revenues for the government. Lots of money and time are wasted in the settlement of industrial disputes. Maintaining law and order due to strikes also became difficult for the government. There is also the destruction of public property during strikes, for repairing which the government has to spend money.

The positive impact of strikes 

Generally, strikes bring with them bad effects, but there are also certain impacts of strikes that play an important role in the immediate realisation of the demands of the workers and improving their condition of work.

• Growth in worker unity– Strikes bring a sense of cooperation among workers, which results in the growth of worker unity. The suffering of workers is not only for their own rights but even for the rights of other workers. Thus, strikes develop a feeling of unity and the ethics to endure hardships for the rights of fellow workers.
• Improvement in work conditions and wages– A strike increases the collective bargaining power of the workers, which compels employers to negotiate with them. The stoppage of work in the industries pressurises the employers, demanding them to increase the salaries of the workers and improve their working conditions.
• Progress of labour unions– The success of the strikes increases the faith of workers in labour unions, which in turn increases the membership of unions, strengthens the bargaining power of the unions, and compels the employer to accept the legitimate demands of the unions.
• Labour reforms– Strikes are most of the time effective in bringing about change in the working conditions of the workers. The disruption caused to an entire society by a general strike can bring down a government or persuade authorities to bring reforms in labour laws.

Common Reasons for Strike

Strikes generally occur in industries due to disputes between employees and employers, employees and employees or among employers and employers mostly due to the following issues:

• Working hours
• Working Conditions
• Salary, Incentive etc
• Time payment of wages
• Reduction in salary/wages
• Issue related Minimum wages
• Leave/Holidays
• Dissatisfaction with the company policy
• PF, ESI, Profit Sharing etc
• Retrenchment of workmen and closure of establishment
• Any other issue.

Conclusion

It is observed that a strike is not a fundamental right in India and government employees have no right to go on strike. Industrial Disputes Act, 1947 limits the rights of strikers and gives them the legal right to go on strikes as stipulated in Sections 22, 23 and 24, the right to strike under the Industrial Disputes Act, 1947 is very much limited and regulated.

Frequently Asked Questions (FAQs) 

What are industrial disputes?

The disputes or  conflicts that arise between employers and employers, between employers and workmen or between workmen is termed industrial disputes when they are regarding the employment or such terms of employment or regarding the conditions of the employment of the employed.

Who raises industrial disputes?

The industrial dispute can be directly raised before a conciliation officer by a workman when it is regarding any form of termination of service, such as discharge, retrenchment or dismissal. And for other disputes, such as wages, rules of discipline, working hours or leave policy, etc, it is the union or the management that raises an industrial dispute.

What is a lockout?

Whenever there is a stoppage of work or denial of employment and it is initiated by the management of the company when any labour dispute arises, it is known as a lockout. 

It is basically a temporary closing of the employment facility or suspension of work.

References

• https://www.icsi.edu/media/webmodules/Labour_Laws&_Practice.pdf 
• https://labour.gov.in/sites/default/files/Industrial_Relations_faq.pdf 

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