Definition
Collective cessation of work.
Collective refusal by workmen to work in furtherance of an industrial dispute.
Statutory Definition
Defined in Industrial Disputes Act, 1947.
Etymology & Origin
From Middle English 'stryke' (to stroke, move, go) — the figurative sense of 'to leave work collectively' emerged in the 18th century, probably from the maritime practice of sailors 'striking' (lowering) the sails of a ship to immobilise it and signal refusal to work. The word captured the idea of workers collectively stopping movement — bringing the industrial machinery to a halt as a form of collective pressure.
Full Legal Analysis
A strike is the 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 to continue to work or to accept employment. It is the primary collective action tool available to workmen in the industrial relations system: by withdrawing their labour, workers exert economic pressure on the employer to accede to their demands. The right to strike is recognised as a collective labour right in many countries, though the IDA, 1947 regulates both the form and the legality of strikes extensively.
Under the Industrial Disputes Act, 1947, a strike may be 'legal' or 'illegal' depending on whether the statutory procedural requirements are followed. Section 22 of the IDA prohibits a strike in a 'public utility service' (defined in Section 2(n) to include transport, electricity, water supply, health services, etc.) unless: (1) six weeks' notice of the strike has been given; (2) the notice was given not less than six weeks before the intended date of strike; (3) the strike does not commence within fourteen days of giving notice; and (4) no conciliation proceedings are pending. Section 23 prohibits strikes generally (in all industries) during the pendency of conciliation, arbitration, or tribunal proceedings.
General strikes and sympathy strikes occupy a contested position in Indian labour law. A sympathy strike — where workers in one industry strike to support workers in another industry — may or may not constitute a valid 'industrial dispute' between the sympathy strikers and their own employer. The IDA's definition of 'industrial dispute' (Section 2(k)) requires the dispute to be connected with the employment, non-employment, terms of employment, or conditions of labour of persons — a sympathy strike that has no such connection may not be a protected strike under the IDA.
The Supreme Court held that government employees have no fundamental, legal, moral, or equitable right to strike. The Court rejected the contention that the right to strike is part of the right to form associations under Article 19(1)(c) — while the right to form unions is protected, the right to strike is not a derivative of that right. Government servants are bound by statutory service conditions that prohibit strikes; a strike by government employees is illegal and participants can be terminated or subjected to disciplinary action. The decision fundamentally distinguishes between the right to organise and the right to strike.
The distinction between a strike and a 'tool-down' or 'go-slow' work practice is important. A go-slow (deliberate working at reduced pace) is not a 'strike' within the definition of Section 2(q) IDA, but it may constitute misconduct justifying disciplinary action. Courts have held that a go-slow is 'treacherous' — workers appear to be working while covertly sabotaging output — and is not protected by the labour law provisions that protect strikes. Similarly, a 'flash strike' (sudden unannounced strike) without notice in a public utility service is an illegal strike, regardless of the legitimacy of the underlying grievance.
For advocates advising workmen or management in strike situations, the immediate analysis requires: (1) Is the strike in a public utility service — requiring six weeks' notice? (2) Are any conciliation or tribunal proceedings pending — making any strike illegal? (3) Has proper notice been given and the waiting period observed? (4) Are the workers government employees, to whom the T.K. Rangarajan prohibition applies? The consequences of an illegal strike — termination, loss of wages, criminal penalties — are severe, and the legality of the proposed action must be verified before workers are advised to strike.
This Term in Indian Statutes
Industrial Disputes Act, 1947, 1947
"'Strike' means 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."
Definition of strike — requires collective action or concerted refusal; must comply with notice requirements in public utility services; government employees have no right to strike
