Freedom to Strike in India Manmeet Singh Gandhi Legal Article Fri, Dec 15, 2023, at ,11:57 PM ABSTRACTThe right to strike plays a vital role in shaping industrial relations in India. It allows workers to collectively resolve grievances, demand better working conditions, and negotiate fair wages and benefits. Although the right to strike is not specifically mentioned in the Constitution of India, it is based on Article 19 (1) (a), which guarantees freedom of speech and expression. The Industrial Disputes Act, 1947 (IDA) is the primary legislative framework governing industrial relations in India and recognizes the right to strike as a statutory right. However, it also imposes certain restrictions to ensure that strikes are conducted responsibly and to minimize disruption to the public and the economy. Courts determine the legality of strikes on a case-by-case basis, taking into account factors such as the purpose of the strike, compliance with IDA procedures, and potential impact. Unions play a key role in organizing and representing workers in collective bargaining and strikes. Balancing workers' rights and the public interest in maintaining key services and ensuring financial stability is essential for a harmonious and productive work environment. The right to strike, although not a fundamental right, is still an important tool for workers to protect their interests and achieve fair treatment.INTRODUCTIONThe right to strike plays a vital role in shaping industrial relations in India. It allows workers to collectively resolve grievances, demand better working conditions, and negotiate fair wages and benefits. Although the right to strike is not specifically mentioned in the Constitution of India, it is based on Article 19 (1) (a), which guarantees freedom of speech and expression. The Industrial Disputes Act, 1947 (IDA) is the primary legislative framework governing industrial relations in India and recognizes the right to strike as a statutory right. However, it also imposes certain restrictions to ensure that strikes are conducted responsibly and to minimize disruption to the public and the economy. Courts determine the legality of strikes on a case-by-case basis, taking into account factors such as the purpose of the strike, compliance with IDA procedures, and potential impact. Unions play a key role in organizing and representing workers in collective bargaining and strikes. Balancing workers' rights and the public interest in maintaining key services and ensuring financial stability is essential for a harmonious and productive work environment. The right to strike, although not a fundamental right, is still an important tool for workers to protect their interests and achieve fair treatment.Courts determine the legality of a strike based on the facts and circumstances of each case. Courts may consider, among other things, whether the strike was called for a lawful purpose, whether IDA procedures were followed, and whether the strike caused undue hardship to the public or employers. The right to strike is a powerful tool that workers can use to protect their interests. However, it is important to use this right responsibly and in accordance with the law.CONSTITUTIONAL FRAMEWORKThe right to strike is not explicitly mentioned in the Indian Constitution. However, it is considered to be an implied right under Article 19(1)(a) of the Constitution, which guarantees the freedom of speech and expression. This right has been further recognized and regulated by the Industrial Disputes Act, 1947 (IDA), which is the primary law governing labour relations in India.STRIKE – MEANINGA strike is a work stoppage caused by a mass refusal of workers to work. A strike usually occurs in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became important in factories and mines. They were quickly banned in most countries because the factory owners had much more political involvement power than workers. Most Western countries partially legalized striking in the late 20th century in the beginning of the 20th century. Strike means stoppage of work by a person working in any industry acting together or in concert or to refuse by mutual agreement any number of persons who are or have been employed to continue or accept employment.WHAT IS RIGHT TO STRIKE? Strike is the collective refusal via way of means of personnel to paintings below the situations required via way of means of employers. Strikes get up for some of reasons, even though mainly in reaction to monetary situations (described as an monetary strike and supposed to enhance wages and benefits) or labour practices (meant to enhance paintings situations). In every of a whether or not it's far democratic, capitalist, socialist, supply the proper to strike to the workers. But this proper ought to be the weapon of closing motel due to the fact if this proper is misused, it'll create a trouble within side the manufacturing and economic income of the industry. This might in the long run have an effect on the financial system of the country. In India, the proper to protest is a essential proper below Article 19 of the Constitution of India. But proper to strike isn't always a essential proper however a prison proper and with this proper statutory restrict is hooked up within side the Industrial Dispute Act, 1947. The Industrial Dispute Act, 1947 is subsumed below The Industrial Relations Code, 2020. POSITION IN INDIA In India, unlike the United States, the right to strike is not expressly recognized by law. The Trade Union Act of 1926 provided for the first time a limited right to strike, legalizing certain activities of a registered trade union in furtherance of a trade dispute that otherwise violated general economic law. Today, the right to strike is recognized only to a limited extent, allowed as a legitimate weapon of trade unions within the limits set by the law itself. According to the Indian constitution, the right to strike is not an absolute right but derives from the fundamental right to form a trade union. Just as all other fundamental rights are subject to reasonable restrictions, the formation of unions invites workers to strike and the state can impose reasonable restrictions. RIGHT TO STRIKE UNDER INTERNATIONAL CONVENTION Right to strike has also been recognised by the conventions of the International Labour Organization (ILO). India is a founder member of the ILO. STRIKE – LEGISLATIVE PROVISIONIn India, unlike the United States, the right to strike is not expressly recognized by law. The Trade Union Act of 1926 provided for the first time a limited right to strike, legalizing certain the conduct of a registered trade union in furtherance of an otherwise infringing trade dispute of general economic law. The Trade Union Act 1926 also recognizes the right to strike. Sections 18 and 19 of the Act grant immunity to striking unions responsibility Today the right to strike is recognized only within the limits allowed by law the limits set by the law itself as a legal weapon of trade unions. The Regime of Industrial Disputes Act 1947 includes the right to strike in industry. Courts' broad interpretation of the term "industry" includes hospitals, education institutions, clubs and ministries. Section 2q of the Act defines to strike. Sections 22, 23, and 24 recognize the right to strike separates between legal warning an illegal strike. It defines and illegal strikes' than those who oppose going strike according to Section 22 and 23. The provision therefore means that everyone strikes are not illegal and strikes in the prescribed manner are legally recognized. Justice Krishna Iyer further opined that a strike can be legal or illegal and even an illegal strike could be justified andquot; in Gujarat Steel Tubes v It's Mazdoor Sabha,26 it is so there is no doubt that the Industrial Disputes Act, 1947 deals with the right to strike.INDUSTRIAL DISPUTES ACT, 1947The IDA provides a comprehensive framework for regulating industrial disputes, including the right to strike. The law defines a strike andquot; the suspension of the employment of a group of persons engaged in an employment combination in any industry, or of a group of persons who are or have been in that service, for the purpose of continuing or taking employment, suspends the employment. .andquot; The IDA is also responsible for the recognition of trade unions. These are workers' organizations formed to protect and promote their interests. Trade unions have the right to represent their members in collective negotiations with employers.LEGALITY OF STRIKESThe legality of a strike in India depends on several factors, including:Calls a strike for a legitimate purpose: Legitimate purposes of a strike include protecting working conditions, protesting unfair labor practices, and seeking union recognition.Were the procedures laid down in the IDA followed: Before organizing a strike, workers must follow certain procedures such as notification to the employer and conciliation. Will the strike cause undue hardship to the public or employers? Strikes in essential services such as hospitals and transport are generally prohibited. In addition, the strike must be conducted in a manner that does not cause unnecessary property damage or endanger human safety.Role of the CourtsThe determination of whether a strike is legal is ultimately made by the courts on a case-by-case basis. The courts consider the facts and circumstances of each case, including the factors mentioned above, in making their decision.Importance of Right to StrikeThe right to strike is a powerful tool that workers can use to protect their interests and bargaining power. It is a fundamental right that allows workers to collectively express their grievances and seek redress from their employers. However, it is important to exercise this right responsibly and in accordance with the law to minimize disruption to the public and the economy.CASE LAWS1. All India Bank Employees' Association v. National Industrial Tribunal (1970)In this case, the Supreme Court held that the right to strike is not a fundamental right but a statutory right under the IDA. The Court further held that the IDA provides for a mechanism for resolving industrial disputes, and strikes should be resorted to only as a last resort.2. T.K. Rangarajan v. Government of Tamil Nadu (2003)In this case, the Supreme Court upheld the validity of the Tamil Nadu Government Servants' Conduct Rules, 1973, which prohibit government employees from going on strike. The Court held that the right to strike is not an absolute right and can be restricted in the interest of public order.3. Delhi Police v. Union of India (1986)In this case, the Supreme Court upheld the restrictions imposed on the right to form associations by the members of the non-gazetted police force under the Police Forces (Restriction of Rights) Act, 1966. The Court held that the right to form associations is not an absolute right and can be restricted in the interest of the security of the State.4. Bhagawati Park v. State of Bihar (2004)In this case, the Supreme Court held that the right to strike is not an absolute right and can be restricted in the interest of the public. The Court further held that strikes in essential services, such as hospitals and transportation, are generally prohibited.5. Rameshwar Dayal v. Union of India (1988)In this case, the Supreme Court held that the right to strike is not an absolute right and can be restricted in the interest of the public. The Court further held that strikes should be conducted in a peaceful manner and should not cause undue hardship to the public.These cases demonstrate that the right to strike is a complex issue that has been the subject of much debate in India. The Supreme Court has consistently held that the right to strike is not an absolute right and can be restricted in the interest of the public. However, the Court has also recognized the importance of the right to strike as a tool for workers to protect their interests.CONCLUSIONFreedom to strike is a complex and multifaceted issue in Indian law. Although not explicitly recognized as a fundamental right in the constitution, it is considered a legal right under the Industrial Disputes Act 1947 (IDA). The IDA provides a framework for regulating strikes and defines the conditions under which they are permitted. The right to strike is an effective tool that workers can use to protect their interests and bargaining position. This allows them to collectively voice their grievances and seek redress from their employers. However, the right to strike is not absolute and can be limited in certain circumstances, such as when it threatens public order or essential services. Courts have played a crucial role in defining the scope of the right to strike in India. They consistently believe that strikes should be peaceful and should not cause undue hardship to the public. In addition, courts have upheld the government's right to limit strikes in key services such as hospitals and transportation. The right to strike is an integral part of industrial relations in India. It allows workers to make their voices heard in the workplace and negotiate fair wages and working conditions. However, it is important to use this right responsibly and in accordance with the law to cause as little disruption as possible to the public and the economy.REFERENCES https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1664452_code152 https://www.legalserviceindia.com/articles/dispute.htm https://www.drishtiias.com/daily-updates/daily-news-analysis/right-to-strike https://www.schooloflegaleducation.com/wp-content/uploads/2019/08/1.-Right-to-Strike-5000.docxHH.pdf https://thelawblog.in/2022/10/01/right-to-strike-in-indian-constitution-schrodingers-cat/