However, the definition of strike itself suggests that the strikers must be persons, employed in any industry to do work. The Industrial Dispute Act, 1947 does not specifically mention as to who goes on strike. Further these provisions apply to a public utility service only. It is to be noted that these provisions do not prohibit the workmen from going on strike but require them to fulfill the condition before going on strike. During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.Before the expiry of the date of strike specified in any such notice as aforesaid or.Within fourteen days of giving such notice or.Without giving to employer notice of strike with in six weeks before striking or.It provides that no person employed in public utility service shall go on strike in breach of contract: Section 22(1) of the industrialĭispute Act, 1947 put certain prohibitions on the right to strike. Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise there strike deemed to be an illegal strike. Section 2(q) of said Act defines the term strike, it says, 'strike' means a cassation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or accept employment. Provision of valid strike under the Industrial Dispute Act, 1947. 4 Under the Industrial Dispute Act, 1947 the ground and condition are laid down for the legal strike and if those provisions and conditions are not fulfilled then the strike will be illegal. Thus, there is a guaranteed fundamental right to form association or Labour unions but there is no fundamental right to go on strike. 'the right to strike or right to declare lock out may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause (4) of article 19 but by totally different considerations.' In the All India Bank Employees Association v. 2 As every other fundamental right is subject to reasonable restrictions, the same is also the case to form trade unions to give a call to the workers to go on strike and the state can impose reasonable restrictions. The right to strike in the Indian constitution set up is not absolute right but it flow from the fundamental right to form union. 1 Now days a right to strike is recognized only to limited extent permissible under the limits laid down by the law itself, as a legitimate weapon of Trade Unions. The trade union Act, 1926 for the first time provided limited right to strike by legalizing certain activities of a registered trade union in furtherance of a trade dispute which otherwise breach of common economic law. In India, unlike America, right to strike is not expressly recognized by the law.

But right to strike is not a fundamental right but a legal right and with this right statutory restriction is attached in the industrial dispute Act, 1947. In India, right to protest is a fundamental right under Article 19 of the Constitution of India. Today, most of the countries, especially India, are dependent upon foreign investment and under these circumstances it is necessary that countries who seeks foreign investment must keep some safeguard in there respective industrial laws so that there will be no misuse of right of strike. This would ultimately affect the economy of the country. But this right must be the weapon of last resort because if this right is misused, it will create a problem in the production and financial profit of the industry. Today, in each country of globe whether it is democratic, capitalist, socialist, give right to strike to the workers. Most powerful rights have more duties attached to them.

Lawful strike definition