- Research/Scholar Paper name – “An Analysis of Workmen’s Right to Strike Under Industrial Disputes Act, 1947”
- Author: Mohini Singh
- Institution: NMIMS, School of Law
- Co-Author: Aman Deep Sharan
- Institution: Tamil Nadu National Law University
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 23/06/2021
Labour and capital, both hold an intrinsic role in uplifting the economy of a country. This paper recognizes the ‘Right to Strike’ as a statutory right given to the employees (labourers) to fulfil their demands. Although this right is not a constitutional right, its statutory recognition is given under the Industrial Disputes Act, 1947. This right holds specific social importance, and therefore, its ambit has been increased as a legal right in the current Indian stratosphere. However, this right does have certain ‘reasonable restrictions’ in order to achieve peace and stability between the employers (the capital class) and the employees (i.e., the labour class).
The present paper will mainly focus on the Right to Strike as a statutory right under the Industrial Disputes Act. Furthermore, this paper will also discuss the International Labor Organization (ILO) which talks about the right to strike in the workplace.