Page 177 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes demands even though the benefits flowing from the settlement are accepted by workmen who
were not signatories to it.

7.7 Conditions to Strike and Lock-outs

"Strike" means a cessation of work by 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 [Sec.
2 (q)].
Lockout means the closing of a place of employment, or the suspension of work, or the refusal
by an employer to continue to employ any number of persons employed by him. [Sec.2(i)].

The definition of 'strike' postulates the following ingredients:
(1) Plurality of workmen.
(2) Cessation of work or refusal to continue to work.
(3) Acting in combination or concerted action under a common understanding.
(4) Duration is immaterial.
Strike is used by workmen as instrument of economic coercion to compel management to accept
their demands.

7.7.1 Strike

Simple instances of strike are "cessation of work", "refusal to continue to work" or refusal to
accept employment. But workmen resort to different methods express their pressure. Do all
these fall within the ambit of definition of strike?
1. Stay-in-strike, Sit-down-strike, Pen down Strike or tool down strike - all of these are
synonymous of each other. Supreme Court has interpreted these forms of strikes coming
within the ambit of Sec. 2(q).
2. Go-slow- deliberately slow-down the pace of work - it may not be getting covered under
the definition of strike. But in various judgements. Supreme Court (Bharat Sugar Mills vs.
Jai Singh, Bank of India vs. Kelawala) has interpreted it to be illegal strike and serious
misconduct.
3. Lighting or wild-Cat Strike (Sudden withdrawal from work). Such strikes are prohibited
in Public utility Services but in other industries also they are not justified.
4. Work-organization-Rule - Remaining on the job - interpreting rule interacting or
compressing as per their convenience. This hampers work and do damage. In U.S.A it is
recognised, form of strike. But in India, it is not a "stoppage or work". Therefore, does not
come within the ambit of strike.

5. Gherao means encirclement. In Jay Engineering Works v. State of West Bengal (1968), it is a
wrongful confinement u/s 339 or 340 of IPC and also a mischief u/s 7 of Cr.PC. Such an act
does not get saved by Sec. 17 of T.O.A. 1926.
6. Bundh - means closed or locked. It is different from Strike or hartal. In Kerala -Govt. case
the Supreme Court has held it as illegal and anti constitutional.

7. Picketing and Peaceful demonstration - This contains freedom of speech, freedom of
movement, freedom of association and freedom to carry out profession and business is a
permissible weapon. Pickets however, are not entitled to compel people to listen, obstruct
passage, catching holding of hand, blocking the passage and pestering people etc.

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