Right to Strike - The Hindu - 07/01/23
The Kerala High Court has reiterated that government employees who participate in general strikes, affecting the normal life of the public and Public Exchequer, are not entitled to be protected under Article 19(1)(c) of the Constitution and are also a violation of the provisions of the Kerala Government Servants’ Conduct Rules, 1960.
-Strike is the collective refusal by employees to work under the conditions required by employers. Strikes arise for a number of reasons, though principally in response to economic conditions (defined as an economic strike and meant to improve wages and benefits) or labour practices (intended to improve work conditions).
-In each country whether it is democratic, capitalist, socialist, give the right to strike to the workers. 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.
->Position in India:
-In India, unlike America, the right to strike is not expressly recognized by the law.
-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.
-Nowadays a right to strike is recognized only to a limited extent permissible under the limits laid down by the law itself, as a legitimate weapon of Trade Unions.
->Right to strike under International Convention: Right to strike has also been recognised by the conventions of the International Labour Organization (ILO).
->Important Supreme Court Judgements related to Right to Strike:
-The Supreme Court in Delhi Police v. Union of India (1986) upheld the restrictions to form association by the members of the non-gazetted police force after the Police Forces (Restriction of Rights) Act, 1966, and the Rules as amended by Amendment Rules, 1970, came into effect.
-In T.K. Rangarajan v. Government of Tamil Nadu (2003), the Supreme Court held that the employees have no fundamental right to resort to strike. Further, there is prohibition to go on strike under the Tamil Nadu Government Servants’ Conduct Rules, 1973.
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