Page 182 - DMGT516_LABOUR_LEGISLATIONS

Unit 7: Dispute Resolution and Industrial Harmony

exclusively in Section 26 of the Act. The award granting compensation to employer for Notes
loss of business through illegal strike is illegal because such compensation is not a dispute
within the meaning of Section 2(k) of the Act.
Strike by Government Servants: The rights of a Government servant to go on strike are
different from the workmen employed in private concerns. There are different rules which
prohibit him to go on strike. Central Government employees are governed by the Central
Civil Service (Conduct) Rules, 1955. Rule 4-A which deals with the demonstrations and
strike by the Central Government employees enacts that "no Government servant shall
participate in any demonstration or resort to any strike in connection with any matter
pertaining to his conditions of service." Rule 4-A of the Bihar Government Servants Conducts
Rules, 1956 is identical with above Central Rule 4-A. While interpreting Rule 4-A of the
Bihar Government Servants Conducts Rules, the Supreme Court in Kameshwar Prasad v.
State of Bihar held that a person did not lose his fundamental rights by joining Government
service. This was further and finally settled in T.K. Rangarajan vs. Govt. of Tamil Nadu &
Others – Supreme Court 2003, that Government servant has no legal and statutory right to
go on strike. The court further held that they have no moral or equitable justification to go
on strike. These conclusions were supported by Article 33 of the Constitution whereby
fundamental rights of the members of the Armed Forces, etc. can be abridged or abrogated
by law, thus implying that fundamental rights of other Government servants cannot be
abridged. Rule 4-A was held to be valid so far as it referred to strikers, and void in so far
as it referred to demonstration because it violated the fundamental right of speech and
expression. This decision was followed by the Supreme Court in O.K. Ghosh vs. E.R. Joseph.
Thus the provisions of this Act shall apply to Government servants going on strike. Of
course they shall further be subject to the conduct rules as framed by the Government
concerned.
The conduct rules framed by the Government, in order to be valid must not be in
contravention of the fundamental rights guaranteed by the Constitution.

7.7.3 Penalty for Illegal Strikes and Lock-outs

Any workman who commences, continues or otherwise acts in furtherance of a strike which is
illegal under this Act, shall be punishable with imprisonment for a term which may extend to
one months, or with find which may extend to fifty rupees, or with both.

Penalty for Instigation etc.

Any person who instigates or incite others to take part in, or otherwise acts in furtherance of a
strike or lock-out which is illegal under this Act, shall be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to one thousand rupees, or
with both (section 27).

7.7.4 Government can Prohibit the Continuation of Strikes and Lock-outs

Section 10(3) of the Industrial Disputes Act, 1947 empowers the appropriate Government to
prohibit the commencement and continuance of strikes and lock-outs in certain circumstances
for investigation and adjudication of the industrial disputes in a peaceful atmosphere. In order
to exercise the power to prohibit the strike or lock-out it is necessary that an industrial dispute
should have been referred to a Board, Labour Court, Industrial Tribunal or National Tribunal
under section 10 or the arbitrator under section 10A of the Industrial Disputes Act, 1947 and that
on the date of reference for adjudication there would be a strike or lock-out in existence in
connection with such dispute.

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