Introduction
The right to strike is one of the most powerful tools in the hands of workers to express their grievances and demand fair treatment from employers. It is a symbol of collective strength and solidarity among workers. However, while strikes play an important role in ensuring justice and protecting labour rights, they can also disrupt industrial harmony and economic stability. Therefore, India faces a constant challenge — how to balance the workers’ right to strike with the need to maintain industrial peace and productivity.
Historical Background
The concept of strike has existed in India since the colonial era. During British rule, workers in various industries—especially textile mills, railways, and plantations—used strikes to protest against exploitation, low wages, and poor working conditions. The early 20th century witnessed several organized strikes that played a significant role in shaping India’s labour movement.
After independence, the Indian government sought to regulate industrial relations through legislation such as the Industrial Disputes Act, 1947, which provided a legal framework for strikes, lockouts, and settlements. While the law recognized the importance of strikes as a form of protest, it also introduced conditions and procedures to prevent misuse and to ensure industrial peace.
Constitutional Perspective
The Indian Constitution does not explicitly grant the right to strike as a fundamental right. However, it is closely linked to certain constitutional provisions that protect the rights of workers.
Article 19(1)(c) of the Constitution guarantees the right to form associations or unions. Trade unions derive their legitimacy from this article.
However, the right to strike is not automatically included under Article 19. The Supreme Court has clarified this distinction in several judgments.
In All India Bank Employees’ Association v. National Industrial Tribunal (1962)
Date of Judgement– 28.08.1961
Bench– B.P. Sinha, C.J; A.K. Sarkar; J.R. Mudholkar; N. RajagopalaAyyangar; S.K. Das, JJ
Decision– The Court held that while workers have the right to form unions, this does not mean they have an unfettered right to strike. The government can impose reasonable restrictions in the interest of public order, industrial peace, and national security.
Therefore, in India, the right to strike is recognized as a legal right, not a fundamental right.
Legal Framework Governing Strikes
The main law regulating strikes in India is the Industrial Disputes Act, 1947. It lays down the conditions under which workers can lawfully go on strike.
Key Provisions:
Section 22 – Applies to public utility services (like transport, electricity, water, etc.). Workers in these sectors must give a 14-day notice before striking, and the strike cannot occur within 7 days of giving the notice or during ongoing conciliation proceedings.
Section 23 – Applies to all industries in general. It restricts strikes during the pendency of conciliation or adjudication proceedings.{The pendency of conciliation or adjudication proceedings simply means that a dispute is still in the process of being resolved, either through an informal settlement effort or a formal legal decision}
Section 24 – Defines illegal strikes. A strike is illegal if:
It is held without proper notice (in case of public utility services).
It takes place during conciliation or adjudication proceedings.
It violates government prohibitory orders.
Section 25 – Provides protection to workers for legal strikes, ensuring that participation in a lawful strike does not lead to penal action.
Thus, the law seeks to regulate, not prohibit, strikes. It ensures that strikes are carried out in an orderly and lawful manner, without disturbing public interest.
Judicial Interpretation
Indian courts have played a major role in shaping the legal understanding of the right to strike. Some landmark judgments include:
Kameshwar Prasad v. State of Bihar (1962) – The Supreme Court held that the right to strike is not a fundamental right under Article 19, though peaceful demonstration can be protected under certain circumstances.
All India Bank Employees’ Association v. N.I. Tribunal (1962) – The Court reaffirmed that the right to strike is not absolute and can be restricted by law.
T.K. Rangarajan v. Government of Tamil Nadu (2003) – The Court ruled that government employees have no legal or moral right to strike, as it disrupts essential public services.
Through these rulings, the judiciary has emphasized that strikes must not jeopardize public welfare or national interests, especially in essential services.
Significance of the Right to Strike
Despite legal restrictions, the right to strike remains a cornerstone of collective bargaining. It serves multiple purposes:
Expression of grievance: When negotiations fail, striking becomes the last resort for workers to express dissatisfaction.
Pressure mechanism: It compels employers to address long-standing issues like unfair wages, unsafe working conditions, or arbitrary dismissals.
Strengthens unity: Strikes unite workers around a common cause and promote solidarity within the labour community.
Without the right to strike, trade unions would lose much of their bargaining power, and industrial relations would tilt heavily in favor of employers.
The Need for Industrial Peace
While the right to strike protects workers’ interests, industrial peace is equally essential for economic growth and social stability. Frequent or prolonged strikes can:
Lead to loss of production and revenue.
Harm the interests of consumers and other stakeholders.
Damage the reputation of industries and discourage investment.
Cause inconvenience to the public, especially in essential services like transport, healthcare, and power supply.
Hence, there must be a careful balance between protecting workers’ rights and maintaining economic stability.
Balancing Labour Rights and Industrial Peace
Balancing the right to strike with industrial peace requires a cooperative approach among all stakeholders — workers, employers, and the government.
1. Strengthening Collective Bargaining
The best way to prevent strikes is through effective collective bargaining. Open dialogue and mutual respect between management and workers can resolve most disputes before they escalate.
2. Promoting Mediation and Conciliation
Labour authorities should encourage conciliation and arbitration mechanisms to settle disputes quickly and fairly without resorting to strikes.
3. Limiting Strikes in Essential Services
While workers in essential services must also have channels to air their grievances, restrictions on strikes in these sectors are justified to protect public welfare. However, such workers should have access to speedy grievance redressal systems.
4. Ensuring Fair Labour Practices
Many strikes arise from unjust treatment, wage delays, or unsafe working conditions. Employers should ensure compliance with labour laws and create a fair, transparent, and safe work environment.
5. Encouraging Social Dialogue
Tripartite consultations involving the government, employers, and employees can promote mutual understanding and frame fair labour policies.
Contemporary Developments
With the introduction of the Industrial Relations Code, 2020, the framework governing strikes in India has undergone reform. The Code consolidates previous labour laws and introduces stricter provisions for strikes, such as mandatory notice periods for all industries, not just public utilities. While this move aims to ensure stability and prevent sudden disruptions, trade unions have criticized it for diluting the power of collective action.
In the age of globalization and automation, strikes are no longer just about wages—they also concern job security, working conditions, and technological displacement. Thus, the right to strike continues to evolve in response to changing industrial realities.
Conclusion
The right to strike in India is both a symbol of workers’ power and a test of democratic balance. It reflects the struggle between protecting the interests of labour and ensuring the smooth functioning of industries. While the right to strike cannot be absolute, its existence is vital for maintaining equality and justice in the workplace.
True industrial peace does not come from suppressing strikes but from addressing the causes that lead to them. A fair balance can be achieved only when workers’ rights are respected, employers act responsibly, and the government plays a neutral, facilitative role. In this balance lies the foundation of a just and prosperous industrial society.
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