Meaning and Concept of Strike
A Strike refers to a concerted stoppage of work by workmen employed in an industry. The term is defined under Section 2(q) of the Industrial Disputes Act, 1947 as a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal to continue work or to accept employment. Strike is a powerful weapon available to workmen to press their demands relating to wages, working conditions, or service benefits. Though the right to strike is not a fundamental right, it is recognized and regulated by labour legislation to balance workers’ interests with industrial peace.
Legal Provisions Governing Strike
The legality of strikes is regulated under Sections 22, 23, and 24 of the Industrial Disputes Act, 1947. In public utility services, Section 22 requires prior notice before going on strike. Section 23 prohibits strikes during the pendency of conciliation, adjudication, or arbitration proceedings. A strike is deemed illegal under Section 24 if it contravenes these statutory provisions. The Act does not prohibit strikes altogether but regulates their timing and manner to prevent sudden disruption of essential services and industrial disorder.
Legal Effect and Importance
The legal consequences of a strike depend upon whether it is legal and justified. In the case of a legal and justified strike, workmen may be entitled to certain protections. However, for an illegal strike, workmen may lose wages for the strike period and may face disciplinary action. Courts have held that strike should be used as a last resort after exhausting peaceful means of settlement. Regulation of strikes aims to protect the economy and public interest while allowing workmen to collectively express grievances, thus maintaining industrial harmony.
Real-Time Practical Example
Workers in a public transport corporation give a 14-day prior notice demanding wage revision. After negotiations fail and legal formalities are complied with, they proceed on strike. Since the strike is conducted in accordance with statutory requirements, it is considered legal. However, if the workers had gone on strike without notice during conciliation proceedings, it would have been illegal. This example highlights how compliance with law determines the legality of a strike.
Mnemonic to Remember Strike
Mnemonic: “S.T.R.I.K.E.”
S – Stoppage of work
T – Together by workmen
R – Regulated by law
I – Industrial dispute tool
K – Known under Section 2(q)
E – Express collective demand
This mnemonic helps recall the definition and legal aspects of strike in exams.
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