ABSTRACT
The right to strike is a widely accepted conception and International Labour Organisations (ILO) have honoured the right to strike as a abecedarian mortal right for maintaining international labour norms. In India, it is not a fundamental right, it is a legal right given to the citizens under The Industrial Dispute Act, 1947. A strike is when Workers choose not to go to work, because they want better working conditions or advanced pay. It’s one of the ways by which the grievances of the workers can be resolved, but there’s an nebulosity in abridging the Right to strike which dithers the workers from going on a strike. There was a question that whether the Government servants working in India can exercise this right to strike and the case of Kameswar Prasad and others Vs State of Bihar is one of the landmark cases regarding right to strike which answers the above question . This paper aims in understanding the concept of strike with the help of the ruling given in the above case along with the International Labour Conventions made by International Labour Organisation(ILO) related to Right to Strike.
Keywords: Strike, Government Servants, International Labour Organisation, Conventions, Supreme Court of India
INTRODUCTION
A strike is a united turndown to do work by hand to achieve their objective relating to the stipend, working conditions, or a job-related argument with the employer. A strike is an important armament given to the workers to achieve their demands. It puts pressure on the employer to hear to the demands of the workers. Rightto strike is widely accepted. It’s a powerful weapon used by trade unions or other associations or workers to meet their grievances with the operation of the assiduity. It’s the last thing used by the hand to make the operation hear the demand, but these rights are not absolute rights given to the workers. There are some restrictions with respect to the right to strike in India. The elaboration of the right to strike in India has been marked by legislative developments, particularly with the enactment of the Industrial Disputes Act in 1947.
The Supreme Court has held that the government and the employees in public sector undertaking cannot go on strike since they have neither fundamental statutory, moral right nor equitable justification to resort to strike. The Delhi High Court held that a strike is used as a tool not for the welfare of workmen but for welfare of a few leaders of trade union[1]. Strike should be a last resort for justifiable cause after exhausting all other avenues[2] . Employees do not have a fundamental right to strike. The case Kameswar Prasad and others Vs. State of Bihar is one of the landmark cases regarding the right to strike in India, which gives us a clear understanding of the rights of the government servants on participation in strikes and also gives a view on government of how far it can make laws regarding the strike and demonstrations.
[1]Lt. Governor, Government of National Capital Territory of Delhi V. Delhi Floor Control Mazdoor Union, LLR 1113 (Del HC)
[2]Ajay Enterprises Ltd. V. Secretary (Labour) Government of National Capital Territory of Delhi, 2007 LLR 86 (Del HC)