Some workers of an industry, while joining the duty entered into an agreement with the employer that they would not go on strike any time. What is the validity of this agreement

Facts of the Case

Some workers of an industrial establishment, at the time of joining duty, entered into an agreement with the employer that they would not go on strike at any time. Questions arise regarding the legal validity of such an agreement, particularly in light of workers’ statutory rights to strike under the Industrial Disputes Act, 1947, and related labour laws in India.

Issues in the Case

1. Whether workers can legally waive their right to go on strike through a private agreement.
2. The enforceability of such agreements under Indian labour law.
3. The balance between employer rights and statutory protections of workmen.

Legal Principles Covered to Support Case Proceedings and Judgements

• Section 22 of the Industrial Disputes Act, 1947 recognizes the right of workmen to strike after following statutory procedures.
• Courts have held that agreements attempting to waive statutory rights are void to the extent they contravene mandatory labour law provisions.
• Any agreement that completely bars the right to strike is not enforceable, as it conflicts with workers’ fundamental rights under labour law.
• Employers can regulate strikes through standing orders, disciplinary rules, and collective bargaining, but cannot eliminate statutory rights through unilateral agreements.

Possible Judgement

The agreement by the workers to never go on strike is likely to be declared void and unenforceable. Workers retain the statutory right to strike, subject to compliance with notice and procedures under the Industrial Disputes Act. Any attempt by the employer to enforce such an agreement would not be upheld in court.

About Lawgnan

Workers cannot waive their statutory right to strike through agreements with employers. Understanding the legal framework under the Industrial Disputes Act, 1947 is crucial to protect workmen rights while balancing industrial discipline. Employers must rely on lawful procedures, standing orders, and collective bargaining instead of restricting fundamental labour rights. If you are a worker or employer facing disputes regarding strikes or agreements limiting rights, timely legal guidance is essential. Visit lawgana.in for expert advice, practical solutions, and step-by-step guidance on labour laws, employee rights, and dispute resolution. Protect rights and ensure lawful industrial practices.