Right to Strike of workers : Small Analysis.

Date : 16.10.2019

Right to Strike of workers : Small Analysis.

The Industrial Dispute Act 1947 has given right to every worker's i.e, Right to Strike.

The Right to Strike is univetsally recognised as fundamental human right , but Indian Constitution has not recognised as fundamental right.

In the case of Kameshwar Prasad Vs The State of Bhihar , the court held that the strike is not fundamental right .Government employees have no legal or moral right to go on strike. Similarly , the Court view that right to strike is an important weapon in the armory of employees as a mode of redress.

It is furthur stated that right to strike is a legal right though not elevated to the status of a fundamental right.

The Supreme Court in many of the cases has recognised the right to strike of the workers as a legal right but has not said that is a fundamental right.

The right to protest is a fundamental right was specified under the Article 19 of the Constitution of India. Similarly , the Right to strike not recognised as fundamental right in the Indian Constitution but it is recognised as a legal right.

Source : International Journal of Law

Ch.Laxmi Narayana.