Employees strike should not disrupt public order
Strike, under the Industrial DisputesAct,1947, means a cassation 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 accept employment. Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise thair strike deemed to be an illegal strike. Section 22(1) of the Industrial Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person employed in public utility service shall go on strike in breach of contract:
(a) Without giving to employer notice of strike with in six weeks 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 as aforesaid; or
(d) During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
The right to strike is not fundamental and absolute right in India. This is a conditional right only available after certain pre-conditions are fulfilled. . On the basis of the assumption that the right to go on strike has not expressly been conferred under the Article 19(1) (c) of the Constitution. Further that the right to strike is a relative right which can be exercised with due regard to the rights of others. Neither the common law nor the fourteenth Amendment to the federal constitution confers an absolute right to strike. The strike as a weapon has to be used sparingly for redressal of urgent and pressing grievances when no means are available or when available means have failed to resolve it. It has to be resorted to, to compel the other party to the dispute to see the justness of the demand. It is not to be utilized to work hardship to the society at large so as to strengthen the bargaining power. Every dispute between an employer and employee has to take into consideration the third dimension, viz. the interest of the society as whole.
Further, Rule 7 (ii) of the Central Civil Services (Conduct) Rules, 1964, provides that no Government servant shall resort to or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other Government servant and clarified that ‘strike' means refusal to work or stoppage or slowing down of work by a group of employees acting in combination, and includes –
(i) mass absentation from work without permission (which is wrongly described as "mass casual leave");
(ii) refusal to work overtime where such overtime work is necessary in the public interest;
(iii) resort to practices or conduct which is likely to result in, or results in the cessation or substantial retardation of work in any organization. Such practices would include, what are called ‘go-slow', ‘sit-down', ‘pen-down, stay-in', sympathetic" or any other similar strike; as also absence from work for participation in a Bandh or any similar movements.
Government servants who resort to action of the above kind violate rule 7 (ii) of the Central Civil Services (Conduct) Rules, 1964 and disciplinary action can be taken against them.
Rule 5(1) of the central civil services(conduct) Rules,1964 demands that no member of the Services shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics, nor shall he take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity.
A.P.C.S. (CONDUCT) RULES, 1964, 3-A states that no Government employee shall join, or continue to be a member of, an association, the object or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order.
After all, an employee is generally subject to the government entity's instructions about when, where and how to Work for which he is remunerated and he has no right to disrupt public order. He can resort to strike for redressal of their rightful grievances and for improvement of their service conditions as a last resort under certain conditions but not empowered to strike for changing the political structure or the policies of a state or central Government by participating in any political activity or movement.
(a) Without giving to employer notice of strike with in six weeks 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 as aforesaid; or
(d) During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
The right to strike is not fundamental and absolute right in India. This is a conditional right only available after certain pre-conditions are fulfilled. . On the basis of the assumption that the right to go on strike has not expressly been conferred under the Article 19(1) (c) of the Constitution. Further that the right to strike is a relative right which can be exercised with due regard to the rights of others. Neither the common law nor the fourteenth Amendment to the federal constitution confers an absolute right to strike. The strike as a weapon has to be used sparingly for redressal of urgent and pressing grievances when no means are available or when available means have failed to resolve it. It has to be resorted to, to compel the other party to the dispute to see the justness of the demand. It is not to be utilized to work hardship to the society at large so as to strengthen the bargaining power. Every dispute between an employer and employee has to take into consideration the third dimension, viz. the interest of the society as whole.
Further, Rule 7 (ii) of the Central Civil Services (Conduct) Rules, 1964, provides that no Government servant shall resort to or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other Government servant and clarified that ‘strike' means refusal to work or stoppage or slowing down of work by a group of employees acting in combination, and includes –
(i) mass absentation from work without permission (which is wrongly described as "mass casual leave");
(ii) refusal to work overtime where such overtime work is necessary in the public interest;
(iii) resort to practices or conduct which is likely to result in, or results in the cessation or substantial retardation of work in any organization. Such practices would include, what are called ‘go-slow', ‘sit-down', ‘pen-down, stay-in', sympathetic" or any other similar strike; as also absence from work for participation in a Bandh or any similar movements.
Government servants who resort to action of the above kind violate rule 7 (ii) of the Central Civil Services (Conduct) Rules, 1964 and disciplinary action can be taken against them.
Rule 5(1) of the central civil services(conduct) Rules,1964 demands that no member of the Services shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics, nor shall he take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity.
A.P.C.S. (CONDUCT) RULES, 1964, 3-A states that no Government employee shall join, or continue to be a member of, an association, the object or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order.
After all, an employee is generally subject to the government entity's instructions about when, where and how to Work for which he is remunerated and he has no right to disrupt public order. He can resort to strike for redressal of their rightful grievances and for improvement of their service conditions as a last resort under certain conditions but not empowered to strike for changing the political structure or the policies of a state or central Government by participating in any political activity or movement.