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Strike Strike is one of the oldest and the most effective weapons of labour in its struggle with capital

for securing economic justice. The basic strength of a strike lies in the labours privilege to quit work and thus brings a forced readjustment of conditions of employment[5]. It owes its origin to old English words Striken to go. In common parlance it means hit, impress, occur to, to quit work on a trade dispute. The latter meaning is traceable to 1768. Later on it varied to strike of work. The composite idea of quitting work or withdrawal of work as a coercive act could be gathered in the use of word as a verb as well as adjective. The definition and use of the word strike has been undergoing constant transformation around the basic concept of stoppage of work or putting of work by employees in their economic struggle with capital[6]. The term strike has been defined in a wide variety of branches of human knowledge, viz. etymology, sociology, political economy, law and political science Strike has been defined in Section 2 (q) of the Industrial Disputes Act as under Strike means a cessation 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 to accept employment. The analysis of the definition would show that there are the following essential requirements for the existence of a strike: (1) There must be cessation of work. (2) The cessation of work must be by a body of persons employed in any industry; (3) The strikers must have been acting in combination; (4) The strikers must be working in any establishment which can be called industry within the meaning of Section 2(j); or (5) There must be a concerted refusal; or (6) Refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment; (7) They must stop work for some demands relating to employment, non-employment or the terms of employment or the conditions of labour of the workmen. Ingredients of Strike Cessation of Work:This is most significant characteristic of the concept of strike. It has been variedly expressed as abandonment, stoppage, omission of performance of duties of their posts, hampering or reducing normal works, hindrance to the working or suspension of work, discontinuing the employment or breaking their contract of service or refusing or failing to return to or resume employment or refusing or failing to accept engagement for any work which they are usually employed for[7]. Thus what required for strike is that there must be stoppage of work or there must be refusal to continue to work or to accept employment by any number of persons employed for the work but the refusal must be concerted or under a common understanding.The cessation of work may take any form. It must, however, be temporary and not for ever and it must be voluntary. No duration can be fixed for this. If the cessation of work is as a result of renunciation of work or relinquishment of the strikers status or relationship, it is not strike. Permanent cessation of work would result in termination of the contract of work which is alien to

the underlying sanction of strike retaining contractual relationship during the strike periods. Cessation of work is not a cessation of contract of employment. Concerted action Another important ingredient of the strike is a concerted action. The workers must act under a common understanding. The cessation of work by a body of persons employed in any industry in combination is a strike. Thus in a strike it must be proved that there was cessation of work or stoppage of work under a common understanding or it was a concerted action of the workers or there was cessation of work by workers acting in combination. Stoppage of work by workers individually does not amount to strike. the concerted refusal or refusal under a common understanding to continue to work or to accept employment or to resume work by any number of persons is a strike. One thing must be kept in mind that the refusal of work means refusal to perform duties which the workers are required to perform. If the workers are at liberty to do a particular work or not to do a work their refusal to work does not amount to strike. For example, over-time work, if it is the duty or workers to do overtime work necessarily because it is the practice of that establishment to take overtime work from the workers in that case refusal to work overtime would amount to strike otherwise not. Thus the test to determine whether refusal to do overtime work constitutes a strike or not would depend upon whether overtime was habitually worked in that industry.[8] The strike is illegal 1. if it is in breach of Contract of Employment. 2. if it is in Public Utility Services. 3. if Notice under Section 22(1) is not given. 4. if commenced during Award or settlement period. 5. if commenced During or within 7 days of completion of Conciliation Proceedings. 6. if commenced During or within Two months of completion of Adjudication Proceedings.

Strikes
Industrial Relations Home Strikes A strike is a very powerful weapon used by trade unions and other labor associations to get their demands accepted. It generally involves quitting of work by a group of workers for the purpose of bringing the pressure on their employer so that their demands get accepted. When workers collectively cease to work in a particular industry, they are said to be on strike. According to Industrial Disputes Act 1947, a strike is a cessation of work by a body of persons employed in an industry acting in combination; or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment; or a

refusal under a common understanding of any number of such persons to continue to work or to accept employment. This definition throws light on a few aspects of a strike. Firstly, a strike is a referred to as stoppage of work by a group of workers employed in a particular industry. Secondly, it also includes the refusal of a number of employees to continue work under their employer. In a strike, a group of workers agree to stop working to protest against something they think is unfair where they work. Labors withhold their services in order to pressurize their employment or government to meet their demands. Demands made by strikers can range from asking for higher wages or better benefits to seeking changes in the workplace environment. Strikes sometimes occur so that employers listen more carefully to the workers and address their problems. Causes of strikes: Strikes can occur because of the following reasons:

Dissatisfaction with company policy

Salary and incentive problems

Increment not up to the mark

Wrongful discharge or dismissal of workmen

Withdrawal of any concession or privilege

Hours of work and rest intervals

Leaves with wages and holidays

Bonus, profit sharing, Provident fund and gratuity

Retrenchment of workmen and closure of establishment

Dispute connected with minimum wages

http://www.scribd.com/doc/22029084/Strikes-and-Lockouts-in-INDIA-Ppt http://www.legalserviceindia.com/articles/dispute.htm

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