Types of strike and their legality
There are different types of strikes and their legality. Explanation of which are as follows:
Stay-in, sit-down, pen-down or tool-down strike
In all such cases, the workmen after taking their seats refuse to do work. Even when asked to leave the premises, they refuse to do so. Refusal under common understanding not to work is a strike. Hence, if in pursuance of such common understanding the employees enter the premises of the Bank and refuse to take their pens in their hands that would no doubt be a strike under Section 2 of the Act.
Go-slow
It was observed that slow-down is an insidious method of undermining the stability of a concern and Tribunals certainly will not countenance it. Thus, it was held that ‘go slow’ is a serious misconduct being a covert and a more damaging breach of the contract of employment. Therefore it is not a legitimate weapon in the armoury of labour. It has been regarded as misconduct.
Hunger strike
Some workers near the place of work or residence of the employer may resort to fast. If it is peaceful and does not result in cessation of work, it will not constitute a strike. But if due to such an act, even those present for work, could not be given work, it will amount to strike.
The legality of the strike
The legality of the strike is determined with reference to the legal provisions enumerated in the Act and the purpose for which the strike was declared is not relevant in directing the legality. Therefore, section 10 of the Act deals with the strike. Sections 22 and 23 impose restrictions on the commencement of the strike. While Sections 10(3) prohibit its continuance.
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