Strike

Strike: Section 2(q) of Industrial Dispute Act, 1947 and Section (zk) of Industrial
Relation Code
• According to “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.
• In addition to sec. 2(q) of ID Act sec. (zk) of IR Code also says that it
• includes the concerted casual leave on a given day by fifty per cent. or more
workers employed in an industry.
Essentials of Strike:
• 1 There must be stoppage of work.
• 2 There must be concerted action under common understanding.
• Rules regarding strike are given in Chapter VIII under sections 62, 63
and 64 of IR Code, 2020 .
1. Who can Go on Strike?
• The Industrial Disputes Act does not specifically mention as to who goes on
strike. But the definition suggests that body of persons employed in an industry
may go on strike. it is an instrument of economic coercion in the hand of
workers. If any lawful demand is denied by he employer then the worker may
call strike.
• As per definition of strike given in the Code includes the concerted casual leave
on a given day by fifty percent. or more workers employed in an industry.
2. Against Whom can be Gone on Strike?
• The person against whom strike is called must be an employer.
• 3. There must be stoppage of work.

• As per the statutory definition of strike cessation of work is one
essentials of strike.
4. There must be concerted action under
common understanding.
• The definition recognizes concerted action under common
understanding on the part of strikers as an essential element of strike.
• The expression ‘concerted’ action indicates that it has been planned,

arranged, adjusted or agreed on and settled between parties acting
together pursuant to some design or scheme.(Shamnagar Jute
Factory v. Their Workmen, (1950) LLJ 235)
(i) A concerted refusal or a refusal under a common understanding of any number of persons
to continue to work or to accept employment will amount to a strike. A general strike is
one when there is a concert of combination of workers stopping or refusing to resume
work. Going on mass casual leave under a common understanding amounts to a strike.
However, the refusal by workmen should be in respect of normal lawful work which the
workmen are under an obligation to do. But refusal to do work which the employer has no
right to ask for performance, such a refusal does not constitute a strike (Northbrooke
Jute Co. Ltd. v. Their Workmen, AIR 1960 SC 879). If on the sudden death of a fellow-
worker, the workmen acting in concert refuse to resume work, it amounts to a strike
(National Textile Workers’ Union v. Shree Meenakshi Mills, (1951) II L.L.J. 516).
• Indian Iron and Steel Co vs Its Workmen 1958 AIR 130, 1958 SCR
667 - Held that mere cessation of work is not strike unless it is
shown that it is due to an industrial demand.
• Ram Sarup vs Rex AIR 1949 All 218 - Mere absence from work is not
enough but there should be a concerted refusal to accept employment to
call it a strike.
• Patiala Cement Co. vs Certain Workers 1957 AIR 697 - Cessation of

work for even half an hour can be a strike.
Right to Strike:
• The right to strike in the Indian constitution set up is not absolute right but it flows
from the fundamental right to form union. As every other fundamental right is subject
to reasonable restrictions, the same is also the case to form trade unions to give a call
to the workers to go on strike and the state can impose reasonable restrictions.
• In All India Bank Employees Association vs. I.T. 1962 AIR 171, Supreme Court held
that "the right to strike or right to declare lock out may be controlled or restricted by
appropriate industrial legislation and the validity of such legislation would have to be
tested not with reference to the criteria laid down in clause (4) of article 19 but by
totally different considerations."
General Prohibition of Strike: Section 62
of IR Code and Section 23 of ID Act, 1947
According to section 62. (1) of IR Code:
No person employed in an industrial establishment shall go on strike, in breach of contract—
• (a) without giving to the employer notice of strike, as provided, within sixty days before
striking; or
• (b) within fourteen days of giving such notice; or
• (c) before the expiry of the date of strike specified in any such notice; or
• (d) during the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceedings; or

• (e) during the pendency of proceedings before a Tribunal or a National
Industrial Tribunal and sixty days, after the conclusion of such
proceedings; or
• (f) during the pendency of arbitration proceedings before an arbitrator

and sixty days after the conclusion of such proceedings, where a
notification has been issued under sub-section (5) of section 42; or
• (g) during any period in which a settlement or award is in operation, in

respect of any of the matters covered by the settlement or award.
What strikes are Illegal
As per section 63. (1) of IR Code A strike or lock-out shall be illegal, if it
is—
• (i) commenced or declared in contravention of section 62; or
• (ii) continued in contravention of an order made under sub-section (7)

of section 42.
• Section 63(2) of IR Code says that:
• Where a strike or lock-out in pursuance of an industrial dispute has already

commenced and is in existence at the time of the filing of the application relating to
such industrial dispute in the Tribunal or of the reference of such industrial dispute
to an arbitrator or a National Industrial Tribunal, the continuance of such strike or
lock-out shall not be deemed to be illegal, provided that such strike or lock-out was
not at its commencement in contravention of the provisions of this Code or the
continuance thereof was not prohibited under sub-section (7) of section 42.
• Sec. 63 (3): A lock-out declared in consequence of an illegal strike or a strike

declared in consequence of an illegal lock-out shall not be deemed to be illegal.

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Strike: Section 2(q) of Industrial Dispute Act, 1947 and Section (zk) of Industrial

• According to “Strike” means:

• A cessation of work by a body of persons employed in any industry acting in

• The person against whom strike is called must be an employer.

• 3. There must be stoppage of work.

• The expression ‘concerted’ action indicates that it has been planned,

• Patiala Cement Co. vs Certain Workers 1957 AIR 697 - Cessation of

No person employed in an industrial establishment shall go on strike, in breach of contract—

• (b) within fourteen days of giving such notice; or

days after the conclusion of such proceedings; or

• (f) during the pendency of arbitration proceedings before an arbitrator

• (g) during any period in which a settlement or award is in operation, in

• (i) commenced or declared in contravention of section 62; or

• (ii) continued in contravention of an order made under sub-section (7)

• Where a strike or lock-out in pursuance of an industrial dispute has already

• Sec. 63 (3): A lock-out declared in consequence of an illegal strike or a strike

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