2. INTRODUCTION
Industrial peace implies the existence of harmonious relation
between the management & workers. When the relationship between
them are not cordial, industrial atmosphere is not peaceful, such a
situation is called industrial unrest.
When it is unorganized, the moral Of the workers are generally
low & the managements are not sincere in solving the problems of
the workers.
When industrial unrest takes an organized form, it gets expression
in the form of strikes, demonstrations, picketing & lock-outs.
Industrial unrest
Organized Unorganized
3. WHAT IS STRIKE?
A strike action is when a large no. of people used to pressure
government or an Organization to change the policy.
Strike is a very powerful weapon to get its demands accepted by
a trade union or in the hand it’s the way of showing strength of a
union .
The use of English word “strike” first appeared in 1768, when
sailors in support of demonstration in London. removed the
topgallant sails of merchant ships at port, thus crippling the ships.
According to Section 2(q) of Industrial Disputes Act, 1947, Strike
means , “cessation of work by a group of workers for the purpose
of bringing pressures on their employers to accept their
demands”.
4. CESSATION OF WORK OR REFUSAL TO
WORK
(a) Cessation of Work:
(i) there should be cessation of work, and
(ii) such cessation should be by a body of
persons employed in the industry acting in
combination: or
(b) Refusal to work
(i) there should be concerted refusal under a
common understanding; and
(ii) such refusal should be by any number of
persons employed in the industry to continue
to work or to accept employment.
5. TYPES OF STRIKES
ECONOMIC STRIKES
SYMPATHETIC STRIKES
GENERAL STRIKES
SIT-DOWN STRIKES
SLOW-DOWN STRIKES
HUNGER STRIKES
GHERAO
BOYCOTT
WILDCAT STRIKES
6. CONTINUED…..
Economic strikes
Strikes arise for a number of reasons, though principally in response to
economic conditions.
Economic strike is conducted by the workers to improve wages , benefits
or to improve work conditions and facilities provided to them.
SYMPATHETIC STRIKES
This type of strike is conducted in support of other workers who
are on strike.
In this case the workers may not have direct injustice from the
employer of the former union of workers.
GENERAL STRIKES
A general strike is a strike action in which a substantial proportion of the
total workers in a region or country participates.
It may also be an extension of the sympathetic strike to express
generalized protest by the workers.
7. CONTINUED….
SIT-DOWN STRIKES
A sit-down strike is a form of civil disobedience in which a group of workers,
usually employed at a factory take possession of the workplace by "sitting
down" at their stations.
Main reason behind this is preventing their employers from replacing them with
strikebreakers or in some cases moving production to other locations.
It is also called tools down or pens down strike.
SLOW-DOWN STRIKES
A slowdown is an industrial action in which employees perform their duties but
seek to reduce productivity or efficiency in their performance of these duties.
It an alternative to a strike, as it is seen as less disruptive as well as less risky
and costly for workers employers
HUNGER STRIKES
It is followed either by leaders or by some workers or by both for a limited
period. The purpose is to create sympathy of the employer & to attract the
attention of the public. It is non-violent in nature.
In this method the participants try to provoke feelings of guilt in others or the
employers , usually with the objective to achieve a specific goal, such as a
policy change.
8. CONTINUED…..
GHERAO
Gherao, meaning "encirclement," is a word originally from Hindi . This type of
strike is restricted to India only .
Usually, a group of people would surround a politician or a government building
until their demands are met, or answers given.
This principle was introduced as a formal means of protest in the labour sector
by Subodh Banarjee, the PWD and Labor Minister in the 1967 and 1969.
BOYCOTT
A boycott is an act of voluntarily abstaining from using, buying, or dealing with
a person, organization, or country as an expression of protest.
In this case workers decide not to use the company’s products the appealing
the public to do so. It is an voluntary withdrawal of co-operation.
WILDCAT STRIKES
It is suddenly announced, without notice or at very short notice & thereafter the
issues of disputes are discussed .
This type of strike action is taken by workers without the authorization of their
trade union officials.
This is sometimes termed unofficial industrial action
9. WHEN ARE STRIKES JUSTIFIED
All strikes are not justified, and nor all strikers are unjustified.
If the strike was held by the workers in support of their reasonable, fair &
bonafide demands in peaceful manner, then the strike will be justified.
If it was held by using of violence or acts of sabotage or for any ulterior
purpose, then the strike will be unjustified.
Examples
JUSTIFIED
• WHEN EXISTING
FACILITIES WITHDRAWN,
BENEFITS WITHDRAWN.
• UNFAIR LABOUR PRACTICE BY
MANAGEMENT.
• NO RESPONSE FROM
MANAGEMENT IN SPITE OF
REFERRING A DEMAND & ISSUING
A REMINDER.
UNJUSTIFIED
STRIKES LAUNCHED FOR
POLITICAL REASONS.
DEMANDS ARE EXCESSIVE, NOT
FEASIBLE AND UNREASONABLE
10. SECTION 22
PROHIBITION OF STRIKES AND LOCK-OUTS
1) No person employed in a public utility service shall go on
strike in breach of contract -
(a) without giving to the employer notice of strike, as
hereinafter provided, within six weeks before striking ;
(b) within fourteen days of giving such notice.
(c) before the expiry of the date of strike specified in any
such notice as aforesaid;
(d) during the pendency of any conciliation proceedings
before a conciliation officer and seven days after the
conclusion of such proceedings.
Contd…
11. (2)No employer carrying on any public utility service shall
lock-out any of his workmen -
(a) without giving them notice of lock-out as hereinafter
provided, within six weeks before locking-out;
(b) within fourteen days of giving such notice;
(c) before the expiry of the date of lock-out specified in
any such notice as aforesaid;
(d) during the pendency of any conciliation proceedings
before a conciliation officer and seven days after the
conclusion of such proceedings.
Contd…
12. (3) The notice of lock-out or strike under this section
shall not be necessary where there is already in
existence a strike or, as the case may be, lock-out
or strike on the day on which it is declared, to such
authority as may be specified by the appropriate
Government either generally or for a particular area
or for a particular class of public utility services.
(4) The notice of strike referred to in sub-section (1)
shall be given by such number of persons to such
person or persons and in such manner as may be
prescribed.
Contd…
13. (5) The notice of lock-out referred to in sub-section(2)
shall be given in such manner as may be
prescribed.
(6) If on any day an employer receives from any
person employed by him any such notices as are
referred to in sub-section (1) or gives to any person
employed by him any such notices as are referred
to in sub-section (2), he shall within five days
thereof report to the appropriate Government or to
such authority as that Government may prescribe,
the number of such notices received or given on
that day.
14. 23. GENERAL PROHIBITION OF STRIKES AND
LOCK-OUTS
No workman who is employed in any industrial
establishment shall go on strike in breach of contract
and no employer of any such workman shall declare a
lock-out-- (a) during the pendency of conciliation
proceedings before a Board and seven days after
the conclusion of such proceedings;
(b) during the pendency of proceedings before [a
Labour Court, Tribunal or National Tribunal] and two
months after the conclusion of such proceedings;
[(bb) during the pendency of arbitration proceedings
before an arbitrator and two months after the
conclusion of such proceedings, where a notification
has been issued under sub-section (3A) of section
10A; or]
15. SECTION 24:
ILLEGAL STRIKES AND LOCK-OUTS
(1) A strike or a lock-out shall be illegal if -
(i) it is commenced or declared in contravention of
Section 22 or Section 23;
(ii) it is continued in contravention of an order made
under sub-section (3) of Section 10 [or sub-section (4-A)
of Section 10-A]
Contd…
16. (2) Where a strike or lock-out in pursuance of an industrial
dispute has already commenced and is in existence at the
time of the reference of the dispute to a Board, [an arbitrator,
a] [Labour Court, Tribunal or National Tribunal], the
continuance of such strike or lock-out shall not be deemed to
be illegal, provided that such strike or lock-out was not at its
commencement in contravention of the provisions of this Act
or the continuance thereof was not prohibited under sub-
section (3) of Section 10 [or sub-section (4-A) of Section 10-
A]
(3) A lock-out declared in consequence of an illegal strike or
a strike declared in consequence of an illegal lock-out shall
not be deemed to be illegal.
17. Section 26
Penalty for illegal strikes and lock-outs
(1) Any workman who commences, continues or otherwise
acts in furtherance, of, a strike which is illegal under that Act,
shall be punishable with imprisonment for a term which may
extend to one month, or with fine which may extend to fifty
rupees, or with both.
(2) Any employer who commences, continues, or otherwise
acts in furtherance of a lock-out which is illegal under this
Act, shall be punishable with imprisonment for a term which
may extend to one month, or with fine which may extend to
one thousand rupees, or with both.
18. CASE LAWS
Standard Vacuum Oil Co., Madras v. Gunaseelam,
M.G., (1954) II LLJ 1956
It was held that there was no “cessation of work” or
concerted refusal to work and the action of the
employees to apply for casual leave enbloc did not
amount to strike.
Kameshwar Prasad v. State of Bihar, 1962 SCR
369
SC held that a person did not lose his fundamental
rights by joining Government service. Thus
government employees doesn’t go on strike but can
demonstrate and sustain their fundamental right of
speech and expression.
19. DISADVANTAGES AND ILL-EFFECTS
Revenue loss
When a strike takes place, a state or country has to bear huge revenue
losses, Since at the time of a strike the state-run transportation system
comes to a standstill .
Studies are affected
The students of various schools and colleges get primarily affected by a
strike since the institution authorities have no choice but to close the
educational institution due to fears of political turbulence and chaos.
Participant’s families
When work stops because of an industrial dispute, often it is not only the
workers themselves who are affected, their families also feel the impact of
lost household income.
Patients get affected
Since the transportation system during a strike is lamed, patients can’t
reach the hospitals when the need is utterly high. When they can’t reach
the hospitals on time, it leads to horrible outcomes.
20. CONTINUED…
Peoples’ lives are at risk
As strikes often turn into violent protests
and clashes between political parties and
police , people often get injured. On
certain occasions the injuries become so
serious that innocent people lose their lives.
Tourism industry and small businesses are affected
Tourists coming to a state get a bad
impression when they see the evils of a
strike. This is not beneficial for the travel
and tourism industry of the state that
fetches a lot of revenue to country .
Small businesses are also hit by these
strikes since they largely depend on their
daily sales or turnover.
21. ADVANTAGES
Apart of the disadvantages strikes also provide
certain amount of benefits such as:-
Gives the economy an idea something is wrong
Gives them media attention to grow
Gives them better opportunities after press is
involved.
Gives them what they went on strike for
Improves their situation
22. CONTINUED…..
Apart from that public figures
ANNA HAZARE and BABA RAMDEV
went on a hunger strike in order to
make the common public know about the
jan lokpal bill and make the government to
pass the same .
Candlelight processional conducted by
the public for heroic act of certain
person creates a peaceful environment
through out the country.
23. CONCLUSION
As we all know that strikes are more disadvantageous but
still we have to admire the fact the In order to fulfil our
desires we have to sacrifice certain things.
Prior to the announcement of strike it should be realised
that it is justified or not.
More importantly at the time of strike violence must be
avoided.
But still its rightly stated that “STRIKES ARE NOT A USUAL
RIGHT OF THE EMPLOYEES OR THE PUBLIC”