Illegal Strike

Under the Industrial Disputes Act (IDA), 1947, the right to strike is not a fundamental right but a statutory one. For a strike to be legal, it must strictly adhere to the procedural requirements laid out in the Act.

A strike becomes illegal under Section 24 if it is commenced or declared in contravention of Sections 22 or 23.

1. In Public Utility Services (Section 22)

Public Utility Services include essential sectors like railways, postal services, electricity, water supply, and hospitals. A strike in these sectors is illegal if:

• No Notice: It is started without giving the employer a notice of strike within six weeks before striking.

• Before Notice Period: It is started within 14 days of giving such notice.

• After Expiry: It is started after the expiry of the date specified in the strike notice.

• During Conciliation: It is started during the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.

2. General Prohibition (Section 23)

Section 23 applies to all industrial establishments (including non-public utilities). A strike is illegal if it is declared:

• During Board Proceedings: During the pendency of conciliation proceedings before a Board of Conciliation and seven days after the conclusion.

• During Tribunal/Labor Court: During the pendency of proceedings before a Labor Court, Industrial Tribunal, or National Tribunal and two months after the conclusion.

• During Arbitration: During the pendency of arbitration proceedings and two months after the conclusion (if a notification under Section 10A is in force).

• During a Settlement/Award: During any period in which a Settlement or Award is in operation, in respect of any of the matters covered by that settlement or award.

3. Continuation of a Prohibited Strike (Section 24)

Even if a strike was initially legal, it becomes illegal if:

• The Appropriate Government issues an order under Section 10(3) or Section 10A(4A) prohibiting the continuance of the strike.

• The strike is declared in consequence of an illegal lockout by the employer (though the Act provides some leeway here, generally, once a prohibition order is in place, the strike must cease).

4. Consequences of an Illegal Strike

Participation in an illegal strike carries severe legal and professional risks:

• Penalty (Section 26): Any workman who commences, continues, or otherwise acts in furtherance of an illegal strike is punishable with imprisonment (up to one month) or a fine ($₹50$), or both.

• Loss of Wages: Workers are not entitled to wages for the duration of an illegal strike under the principle of "no work, no pay."

• Disciplinary Action: It constitutes "misconduct" under Standing Orders, giving the employer the right to initiate domestic inquiries and potentially terminate the services of the striking workmen.