The Workmen's right to strike under Industrial Disputes Act,1947

Abstract

The labour and capital are the backbone of industry and their co-operation is essential for the wellbeing of the economy, yet capital class has an upper hand over the labour class .Thus to redress the grievances and to safeguard the interests of labour class, some democratic weapons are used by them. Strike is cessation of work to coerce or persuade the employer to accede to their demands and give them their legitimate rights. Article 19(1) (c) guarantees fundamental right to form union or association. But by no stretch this right includes right to undertake strike. Though Right to strike not elevated to the position of fundamental right under Indian constitution, yet it gains a statutory recognition under Industrial Dispute Act, 1947, as an ordinary right of social importance thus making it legal in the Indian scenario. This right is regulated by imposing reasonable restraints statutorily in order to achieve the object of harmonious relations between the workers and employers .The strikes become illegal if it is resorted to without complying with the statutory requirements. Persons resorting to illegal strikes are punishable under the Act. Thus the article deals with
Legality of strike
Justiciability of strike
Illegality of strike.
Key words: legality, illegality, strike.