In the intricate web of laws and rights, three essential components stand out: Article 19 of the Indian Constitution, the Industrial Dispute Act, 1947 and the country’s array of fundamental rights. These elements form the legal framework in which the Indian labour industry operates.
The Kerala High Court’s Stance on Strikes by Government Employees
Recently, the Kerala High Court made a reaffirmation with potential implications on the country’s labour sector. The court held that government employees who partake in general strikes affect public life and the Public Exchequer negatively. These activities do not find protection under Article 19(1)(c) of the Indian Constitution, and they violate the stipulations of the Kerala Government Servants’ Conduct Rules, 1960.
Understanding the Right to Strike
The right to strike rests on the collective decision by employees to oppose working conditions demanded by employers. It usually rises from economic conditions intended to improve wages and benefits or labour practices aimed at advancing work conditions. Every country, irrespective of its political leaning, provides its workers with the right to strike. However, this right should be the final recourse, as its misuse could hamper industrial production and profits, thereby impacting the economy.
The Right to Strike in India
In the context of India, the right to protest is a fundamental right under Article 19 of the Constitution. However, the right to strike is not declared a fundamental right; instead, it is a legal right. Restrictions are placed on this right under the Industrial Dispute Act, 1947, which is now encompassed in The Industrial Relations Code, 2020.
Despite providing the right to protest, the Indian legal system does not expressly recognize the right to strike, unlike in the United States. The first limited right to strike was only introduced once the Trade Union Act, 1926 was enacted. Currently, the right to strike is acknowledged within the legal boundaries and as a legitimate tool of Trade Unions. In India, the right to strike arises from the fundamental right to form a union.
The International Perspective on the Right to Strike
At the international level, the right to strike has been recognised by conventions of the International Labour Organization (ILO), of which India is a founding member.
Key Supreme Court Judgements on the Right to Strike
Several Supreme Court verdicts have shaped the understanding of the right to strike. The Delhi Police v. Union of India case in 1986 upheld restrictions on forming associations for non-gazetted police force members after the implementation of the Police Forces (Restriction of Rights) Act, 1966 and subsequent Amendment Rules, 1970.
In the T.K. Rangarajan v. Government of Tamil Nadu case in 2003, the Supreme Court stated that employees have no fundamental right to resort to strike. Furthermore, the court noted a prohibition on strikes under the Tamil Nadu Government Servants’ Conduct Rules, 1973.