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The Concept of Strike under Industrial Dispute Act, 1947

S.S. Jain Subodh Law College

The Concept of Strike under Industrial Dispute Act, 1947

Project Submission as the Partial Fulfillment of Periodic Evaluation


Of Labour Law

Submission To:

Submitted By:

Mr.Manoj Jain

Ashish Acharya

FACULTY OF LABOUR LAW

Roll no: - 7
V Semester
S.S. Jain Subodh Law College

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S.S.JAIN SUBODH LAW COLLEGE

The Concept of Strike under Industrial Dispute Act, 1947

CERTIFICATE
This is to certify that ASHISH ACHARYA student of BA.LL.B V semester of S.S.JAIN SUBODHLAW
COLLEGE; JAIPUR has completed his project on The Concept of Strike under IndustrialDispute
Act, 1947 under the guidance of, Mr.MANOJ JAIN, Assistant professor, LABOUR LAW, S.S.JAIN
SUBODH LAW COLLEGE .This project is original, independent work to the best of my knowledge
and it has not been published anywhere and has been perused solely for academic interest.

Jaipur

(Teacher Sign)

18 Oct.2016

Teacher Name
Mr.MANOJ JAIN

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S.S.JAIN SUBODH LAW COLLEGE

The Concept of Strike under Industrial Dispute Act, 1947

TABLE OF CONTENT
1)
2)
3)
4)
5)

Certificate..................................................................................................ii
Acknowledgement.........................................................................................iv
Abstract.........................................................................................................v
Introduction......................................................................................................vi
Definition

6).Types of Strikes
7) Prohibition of Strike in Public Utility Service (Sec 22)
8).Strike in an Industrial Establishment (Sec 23)..
9)Conclusion.

ACKNOWLEDGEMENT

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The Concept of Strike under Industrial Dispute Act, 1947

I take this opportunity to express our humble gratitude and personal regards to MR.MANOJ
JAIN for inspiring me and guiding me during the course of this project work and also for he his
cooperation and guidance from time to time during the course of this project work on the topic.

Jaipur

(Student sign)

18 Oct. 2016

ASHISH ACHARYA

ABSTRACT

Strike is an integral part of right to life and personal liberty as well as freedom of speech and
expression. This project includes brief discussion about its concept .Strike is an important part of
working class in an industry and any establishment as described under industrial dispute act,1947.
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The Concept of Strike under Industrial Dispute Act, 1947

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S.S.JAIN SUBODH LAW COLLEGE

The Concept of Strike under Industrial Dispute Act, 1947

INTRODUCTION
The concept of Strikes and Lock-outs are universal terms and can be said as the two sides of
same coin. Strikes are the tools in the hands of the workman and are one the components of
collective bargaining. On the other hand employers can resort to lock-out to compel its demand.
Strike is a stoppage or cessation of work by workmen. The concept of strikes and lock-outs has
been recognised under chapter VA of the Industrial Disputes Acts, 1947.

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The Concept of Strike under Industrial Dispute Act, 1947

DEFINTION
Strike is defined as,
A cessation 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 to accept employment
According to the definition, the main ingredients are necessary to constitute a strike is,
a) An Industry.
b) Cessation of work or refusal to do work by workmen
c) Acting in combination or concerted action
There are different forms of strike like sit down, go slow Strike, sympathetic Strike, Hunger
Strike etc.

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The Concept of Strike under Industrial Dispute Act, 1947

Types of Strikes

Hunger strike:
Workers gather near the factory owner's residence and refuse to eat.
Pen down:
Workers come to work on regular hours but refuse to do any work.
Rule strike:
This type of strike is done by strictly abiding by company rules to the extreme, and there is no space
for flexibility.
Support strike:
Supporting workers from another factory also go on strike to support their fellow workers from a
related factory.
Gate strike:
Workers gather near the company gates and launch a strike.
Production strike:
Workers produce more industrial items but now in harmony.
Go-slow:
Workers work their usual hours but their productivity is greatly reduced. They deliberately work
slower than usual, causing heavy losses and production delays.

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The Concept of Strike under Industrial Dispute Act, 1947

Picketing and boycott:


This is the act of surrounding and picketing the owner's residence, and not allowing anyone to enter the
premises. Violent picketing is illegal. Boycott is disturbing the normal functioning of the business.
Gherao:
This is the process of blocking a target by encircling it. This may prevent people from approaching the
target. The target may be an office, a building entrance, factory, residence, etc. Gherao may involve
assault and torture, and gheraos are illegal.
Sympathetic strike:
This is an illegal strike done by workmen, who are fully satisfied by their employment, but support the
cause of their fellow unsatisfied workmen

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The Concept of Strike under Industrial Dispute Act, 1947

PROHIBTION OF SRTIKE IN PUBLIC UTILITY SERVICE

The section 22 lays down procedure of strike and without following it, a strike can be declared as
Unlawful. It is essential to mention here that law as such does not prohibit or ban strike but
Curtail it through procedure laid down in section 22 and section 23 of the Industrial Dispute Act,
1947. The essential elements of section 22 of the Act are following,
No person employed in a public utility service5 shall go on strike in breach of contract
a) Without giving to the employer notice of strike of 6 weeks or,
b) Within 14 days of giving such notice; or
c) Before the expiry of the date of strike specified in any such notice as aforesaid; or
d) During the pendency of any conciliation proceedings before a Conciliation Officer and 7 days
after the conclusion of such proceedings.
A strike notice is valid only for 6 weeks i.e fresh notice has to be issued if the prior notice has
expired. The workman cannot go to strike within the 14 days of the strike notice period.
In Mineral Miner'S Union vs Kudremukh Iron Ore Co. Ltd, the Honourable Karnataka High
Court came with the question whether workmen are required to issue fresh notice thought they
have issued earlier but could not go into strike. The High Court held,
On a harmonious construction of all the relevant provisions of the Act, it
appears to me that a fresh notice under S. 22(1) in compliance with clauses (a), (b) and (c) of S.
22(1) and S. 24 is necessary if in a given case, by the date on which the failure of conciliation
proceedings are intimated, six weeks period from the date of notice of strike issued earlier under
S. 22(1) of the Act had expired. The reasons for which the conditions contained in clauses (a) (b)
and (c) in S. 22 have been imposed are on the fact of it discernible. The reason is that in respect
of a public utility service, the workmen cannot go on strike abruptly as it is sure to result in great
Inconvenience to the public and might result in irreparable loss and damage to the industry and
to the State. For these reasons I hold that while the workmen in exercise of their right to go on
strike, could go on strike after the expiry of seven days after the date of conclusion of
Conciliation in failure, if by that date, six weeks had expired from the date of notice of strike
Issued under S. 22(1), they must issue a fresh notice in terms of S. 22(1)(a) and (c) and S. 22(4)
of the Act.

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The Concept of Strike under Industrial Dispute Act, 1947

STRIKE IN INDUSRTIAL ESTABLISHMENT

No workman employed in any industrial establishment shall go on strike in breach of contract


a) During pendency of conciliation proceedings before Board of conciliation and 7 days after the
conclusion of such proceedings;
b) During the pendency of proceeding before a Labour court, Industrial Tribunal or National
Tribunal and 2 months after the conclusion of such proceedings.
c) During the pendency of arbitration proceedings before an arbitrator and 2 months after the
conclusion of such proceedings.
d) During any period of settlement or award

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The Concept of Strike under Industrial Dispute Act, 1947

CONCLUSION

Strike is an important tool in the hands of a trade union to enforce their demands. It is a method
of collective bargaining. The Industrial Disputes Acts, 1947 provides the lawful procedure of
initiating a strike and non-adherence of it will make the strike unlawful. Industrial peace is
important for the development and growth of the country and hence this tool should be utilized
only one other means of dispute resolution have exhausted. The Honorable Supreme Court has
aptly decided in this issue and held;
While on the one hand it has to be remembered that strike is a legitimate
and sometimes unavoidable weapon in the hands of labour it is equally important to
remember that indiscriminate and hasty use of this weapon should not be encouraged. It will
not be right for labour to think that for any kind of demand a strike can be commenced with
impunity without exhausting reasonable avenues for peaceful achievement of their objects.
Thus it can be concluded that a strike is an important weapon in the hands of workman however
as it not only affects industrial growth but also the whole society hence it should be the scarcely
used and should be the last weapon to resolve industrial dispute.

BIBLIOGRAPHY
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The Concept of Strike under Industrial Dispute Act, 1947

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