Trade union- defined in Sec. 2z- any combination- temp.

or permanent- formed primarily for

1. regulating relations
i. Between workers and employers
ii. Between workers and workers
iii. Between employers and employers
2. For imposing restrictive conditions on conduct of any trade or business

It includes federation of 2 or + trade unions.

Not affect-

Agreement between partners as to their business, between employer and employees, in consideration of sale of goodwill of a
business/ of instruction in any profession, trade or handicraft.

History

Beginning of Trade Unions – The Early Efforts – Formation of First Labour Organisation – Freedom Struggle & Trade Union
Movement – Formation of ILO – AITUC: The First Central Trade Union Organisation – After Independence – National Labour
Commissions: Post Independence

Beginning of Trade Unions

 Trade Union movement- result of Industrial revolution- took place in Great Britain between 1750- 1850. It brought
drastic change in socio- economic sphere. Effect was introduction of factory system of production. Result- small scale
and cottage industry system was reduced and the relationship of the workers with their employers became indirect and
impersonal.
 Efforts were made- through an organised action to give expression to needs, aspirations, wishes and expectations of
workers.
 A number of large-scale industries started coming up from 1850 onwards, employing a large number of workers in
factories without the requisite and congenial work environment. The conditions of workers prevailing at that time were
characterised by: Abysmally low wages; Long Working Hours; No job security; Absence of Social Security; Engagement
of women and children in large number in the factories; Indifferent, inhuman and insensitive authorities; Unsympathetic
public; Vast illiteracy; Backwardness and Traditionalism etc.
 Working people- not 1st to organise themselves- due to lack of awareness and importance of being organised. Employers-
1st to organise themselves and to form a joint front to protect their interests. Workmen’s Breach of Contract Act was
passed in 1860 according to which workers could be prosecuted for leaving their jobs without the employer’s consent
 Textile mills in Bombay began in 1851, followed by jute mills in Calcutta in 1854, leading to numerous factories
employing many workers, including women and children.
 Social workers and leaders like- Sorabjee Shahpurjee Bengali (1855), Shri C.P Majumdar’s night school (1872), Brahmo
Samaj’s ‘Working Men’s Mission’ (1878)- eradicating illiteracy among workers, campaigned for worker’s conditions.
Shri Sasipad Bannerjee established the 'Bara Bazar Organisation' for jute mill workers' education and welfare. These
initiatives fostered a sense of collective action and agitation, leading to early labour unrest, such as the 1877 strike at
Nagpur Empress Mill, India's first recorded workers' strike.
1st labour organization

 Narayan meghajilokhandey- influenced by MahatyaJyotibaPhooley of Maharashtra- took initiative in organising protests

against the conditions prevailing in factories. Shri Lokhandey provided crucial support to the factory commission, which
considered workers' demands but saw no governmental action. Undeterred, Lokhandey continued advocating for
workers, organizing a mass meeting of about 10,000 factory workers on April 24, 1890.
 2 women workers- highlighted forced Sunday work- memorandum for weekly holiday sent to Bomboy Millowners’
Association- accepted on June 10, 1890.
 Buoyed by this success, Lokhandey founded the Bombay Mill Hands Association in 1890, marking the beginning of the
Indian Labour Movement. Although it lacked funds, rules, and a constitution, it was the first continuous labor
organization in India. Lokhandey also launched the journal ‘Dinbandhu,’ and another paper, ‘Indian Workers,’ was
published from Calcutta. Despite not being a trade union in today's sense, the association played a key role in the
agitation leading to amendments in the Factories Act.
Freedom struggle and trade union movement

 With formation of INC- 1885- national leaders realised that for achievement of freedom- they have to take along workers
in industries- organized workers would be an asset to freedom movement. Labour movement on the other hand got a
chain of the most dedicated and matured leadership which was a missing factor till then.
 Leaders like Lokmanya Tilak, Annie Beasant, Mahatma Gandhi and Lala Lajpat Rai nurtured the sapling in the initial
stages so well that it blossomed to full maturity before long. Subsequently, some more important trade unions were
formed.
  Printers union est- Calcutta (1905) and Bombay Postal Union (1907). 1910- better organised union of Bombay factory
workers- KamgarHitwardhak Sabha- efforts to settle many disputes and sent petition to government for regulating hours
of work, for payment of compensation in case of accidents and for improving the living and working conditions of the
workers. It also started a weekly labour journal namely ‘Kamgar Samachar’.
 1910- other organization- Social League.
 These organization though more functional did not last long- no systematic or continuous work.
Formation of ILO

 International Labour Organisation- est. in 1919 as part of Treaty of Versailles (ended WW-I)
 The ILO's Constitution Preamble outlines key areas such as working time regulation, unemployment prevention,
adequate living wages, and social protection for workers, children, young people, and women. Also emphasises
principles like equal pay for equal work and freedom of association, along with the importance of vocational and
technical education.
 Since its inception, the ILO has created numerous conventions and recommendations on working conditions, employer-
employee relations, labor welfare, and social security. The 1949 ‘Right to Organise and Collective Bargaining
Convention’ protects workers from discrimination for union activities and supports collective bargaining
AITUC (All India Trade Union Congress)- 1st Central Trade Union Organisation

 1920- efforts to organise trade unions across the country- led to est. of the 1 st central trade union- need of national
organisation
 GOI Act 1914 (allowed for nominated representation of industrial labour in the Central Legislature), and the formation of
the International Labour Organization in 1919 (required a representative from Indian workers for international
deliberations)- accelerated the organization process.
 These developments prompted the formation of the All India Trade Union Congress (AITUC) in October 1920 in
Bombay, initiated by Indian National Congress leaders and prominent figures like Lala Lajpat Rai, who presided over the
first session. At its inception, AITUC had 64 affiliated unions with 140,854 members. Parallel developments included the
formation of the All India Railwaymen’s Federation in 1922 and other regional labour organizations.
After Independence

 After gaining Independence on Aug 15, 1947- all sections of Indian population (+ workers and trade unions)-celebrated.
But- post partition- communal riots – large scale movement of refugees – disrupted normal life in many areas.
 Among the three central trade union organizations of the time— AITUC, IFL, and INTUC—the IFL was most affected
by partition, losing significant membership in Punjab, Sind, and East Bengal, and losing the Bengal Chamber of Labour
in Calcutta as many Muslim workers migrated to Pakistan. Once stability returned, India focused on reconstruction and
development.
 Now people of India- free to choose pol., social, and eco. Setup- adoption of COI on Jan 26, 1950-preamble enumerated
basic national objectives and goals, aiming to secure justice (social, economic, and political), liberty (of thought,
expression, belief, faith, and worship), and equality (of status and opportunity) for all citizens. It recognised dignity of
Ind. And freedom of association + right of workers to organize for collectively bargaining. 19(1)(c)- Right to form
associations or unions (not absolute- 19(4)- reasonable restrictions)- this power was exercised during emergency in 1975-
76 when gov. restricted unions and banned strikes, arrested many trade union activists under MISA. 1979- Janata Party
gov. removed state’s authority to suspend these rights (44 th Constitutional Amendment). However, the 59th Amendment
in 1988 allowed the President to suspend the enforcement of the right to life and personal liberty under Article 21 during
emergencies, in response to the prevailing situation in Punjab and other places
 Gov, initiated economic planning for development- with 1 st5-year Plan in 1951.2nd plan- focused on rapid
industrialization, targeting both private and public sectors under mixed economy model- aimed at achieving a socialist
society. The Public sector was expected to take lead.
 Emergence of numerous new industrial units in sectors like engineering, chemicals, pharmaceuticals, oil and natural gas,
and fertilizers. sectors like engineering, chemicals, pharmaceuticals, oil and natural gas, and fertilizers. The transport
industry, including road, rail, and air, experienced significant growth, alongside the expansion of ports and docks.
Communication and service industries also began to develop, leading to a rapid increase in the organized labour force.
 Growth- opened opportunities for organising workers- resulting in formation of numerous trade unions.Workers'
expectations for a better life grew + the capacity of new units to pay higher wages - led to successful collective
bargaining + the rise of strong trade unions. Between 1951 and 1979, registered trade unions increased by 625 percent.
 1950s- Industrial unrest intense- driven by rationalisation, retrenchment and lay-offs- particularly in cotton textile
industry- leading to mass unemployment. Gov. amended Industrial disputes act- include lay-off and retrenchment
compensation- marking the start of state intervention in industrial policy. It’s also promoted by trade union movement.
 1963- Lok Sabha speech- PM Pandit Nehru expressed distress- despite eco. Improvements for many- a significant
portion of population remained in deep poverty- therefore- need to address the issue.
 Trade union movement- divided but saw constant growth in the background of accelerated industrialisation during about
3 decades after introduction of economic planning in the country. However, country witnessed the period of stagnation of
economy after 1970s. during this period – poverty- increasing and industrial growth rate- slowed down- many of public
sector undertakings were making loss + consequent burden on the gov., many industrial units were becoming sick- export
was stagnated while import was increasing and there was crisis in balance of payment situation. In order to meet this
 situation- gov. adopted New Economic in 1991. The main feature of this policy- gradual adoption of free market
economy- LPG- Liberalisation, globalisation and privatization was adopted.
 Trade unions- had many apprehensions about the policy- such as- increase in unemployment, surplus labour, sickness in
industries and less protection from legislation.
National Labour Commissions: Post Independence-

Many NLCs have been est. by gov. after independence to inv. employment relations, labour conditions, welfare and social
security across various economic sectors and to offer recommendations for improvement. Trade unions- played crucial role in
these commissions as worker representatives and advisors.

Key commissions:

1st national commission on Labour (NCLI)– established on 24th December, 1966- chaired by Justice PB Gajendragadkar. It
submitted its comprehensive report on labour issues in both organized and unorganized sectors in Aug 1969.

National Commission for Rural Labour (NCRL)-on 11 Aug 1987, chaired by CH Hanumantha Rao, focused on rural labour
problems- submitting finding on 31 July, 1991.

The second national Commission on Labour (NCL II)- on 15 Oct 1999 under Ravindra Verma and presented report to PM Atal
Bihari Vajpayee – 29 June 2002.

National Commission for Enterprises in the Unorganised Sector (NCEUS)-est. in 2004- under Dr. Arjun Sengupta to advise
on issues related to informal employment.

These commissions aimed to enhance labour conditions and provide strategic guidance to the government on labour related
matters.

Comparison between the Industrial Relations Code 2020 and the Trade Unions Act, 1926

Industrial Relations Code, Trade Unions Act, 1926

2020
Provides more comprehensive Primarily focused on registration and
framework for industrial basic rights of trade unions.
relations (+stramlined reg.,
recognition of trade unions,
dispute resolution mechanism
and modernized procedures).
Aimes to foster better employer-
employee relationships and
ensure fair and efficient handling
of industrial disputes, reflecting
the evolving needs of modern
industrial landscape.
Purpose and scope Consolidates and amends the Primarily focused on registration and
laws- relating to trade unions, basic rights of trade unions.
conditions of employment, inv.
and settlement of industrial
disputes. It aims to improve
industrial relations and maintain
harmonious employer-employee
relations.
Registration of trade unions Simplifies the reg process and Provides detailed procedure for
introduces electronic reg. the registration. Min. of 7 member-
requirement of min. of 7 required to reg. a trade union.
members remains- but emphasis
on more streamlined and
efficient registration process.
Recognition of trade Unions Introduces a concept of Does not provide explicit provisions for
negotiating union or negotiating the recognition of trade unions by
council to represent workers in employers
negotiations with the employer.
Rights and obligations Extends these rights and includes Specifies the rights and obligations of
provisions to ensure the rights to registered trade union, including the
collective bargaining and the right to sue and be sued, and ability to
right to represent workers in acquire and hold property.
disputes.
Dispute Resolution Includes comprehensive Focuses more on the formation and
provisions for resolution of function of trade unions and does not
industrial disputes, including the provide detailed mechanisms for
formation of grievance redressal dispute resolution
committees- the introductionof
conciliation process and the
 establishment of industrial
tribunal.
Penalties and compliance Updates and increases penalties Contains provisions for penalties in
for non-compliance, ensuring case of non-compliance with the Act’s
stricter enforcement of the law. requirements, but these are relatively
outdated and less stringent.
Grievance redressal Mandates formation of grievance No specific provisions for the formation
redressal committee in of grievance redressal committees
establishments with 20 or + within establishments.
workers- aiming to resolve ind.
Grievance within stipulated time
frame.
Women and representation Requires adequate representation No specific provisions to address the
of women in grievance redressal representation of women within trade
committees- reflecting a more unions.
inclusive approach to worker
representation.
Electronic records and procedures Emphasizes- use of electronic Does not include provisions for
means for filing documents, reg, electronic filing and record-keeping.
other procedures aiming to
modernize and streamline
administrative processes.

Trade union under industrial relations code, 2020

Under this- trade union- combination of workers or employers formed to regulate relations between workers and employers or
among workers themselves.

Mandates reg. of trade unions with the registrar of trade union, specifying detailed procedures for application and compliance.
Recognised trade unions are granted the status of sole negotiating unions (esp. those with over 51% workers membership)-
empowering them to represent workers in negotiations, collective bargaining and industrial dispute resolutions.

Emphasises maintaining proper accounts- submitting annual returns and ensuring compliance with prescribed rules with penalties
for non-compliance. It underscores the imp. Of adequate women representation within trade unions- promoting inclusivity and
gender balance.

Comprehensive approach- aims to foster more organized, transparent, equitable industrial relations env. in India.

REGISTRAR OF TUs

Section 2(zg)- Registrar appointed by State gov. under section 5.

Section 5- state gov. appoint registrar of TUs, additional Registrar, Joint registrar, Deputy Registrar. If they exercise the powers
and performs the duties of the registrar in area where reg. office is situated- he shall be deemed to be the registrar in relation to
that trade Union.

Application for reg. of Trade Union

Section 6- criteria for registration:

7 or + members of TU-may apply for reg.- by subscribing their names to the rules of the TU and complying to registration
provisions.
Atleast10% of the workers or 100 workers engages/ employed in the industrial est. or industry with which it is connected are
the members of such TU on the date of making of application – whichever is less.
Should continue to have at least 10% of workers or 100 workers (less one)- engaged/employed in an industrial establishment or
industry with which it’s connected- subject to min. of 7.
Section 7- registration only if Executive is constituted and the rules of the TU provide for the following matters-

1. Name of TU
2. Objects
3. Purposes for which general funds of TU shall be applicable (all purposes shall be to which such funds are lawfully
applicable under this code).
4. Maintain a list of members of trade union and adequate facilities for inspection by office-bearers and members of TU.
5. Admission of ordinary members irrespective of their craft or category)- who shall be persons actually engaged/ employed
in industrial establishment, undertaking or industry or units branches or offices of an industrial est.- with which TU is
connected and admission of such no. of honorary or temporary members- who are not such workers- as are not permitted
to be office bearers to form executive of TU.
6. Payment of subscription by members of TU
7. Condition under which any member entitled to any benefit assure by rules and under which any fine or forfeiture may be
imposed.
8. The annual general body meeting of the members of the Trade Union, the business to be transacted at such meeting,
including the election of office-bearers of the Trade Union
9. the manner in which the members of the executive and the other office bearers of the Trade Union shall be elected once
in a period of every three years and removed, and filling of casual vacancies
10. the safe custody of the funds of the Trade Union, an annual audit, and adequate facilities for the inspection of the account
books by the office-bearers and members of the Trade Union
11. manner in which rules- amended, varied or rescinded.
12. Manner- TU be dissolved.

Section8- Application for registration, alteration of name and procedure

 Application for reg. made to registrar- electronically or otherwise

 It must be accompanied by-
 A declaration by an affidavit
 Copy of rules of TU + copy of resolution by members adopting the rules
 If federation/ central org. of TU- copy of resolution adopted by each of the member of TUs agreeing to such
constitution- meeting separately.
 If in existence forum more than 1 year before application- delivered with a general statement of assets and liabilities of
TU.
 Registrar may ask further information- for satisfying himself that application complies with provisions of code and TU is
entitled for reg. - may refuse until such info. furnished.
 If name proposed is identical with existing TU/ in opinion of registrar so nearly resembles the name of existing TU that
likely to deceive the public/ members of any of those TUs- he shall require for alteration of name and shall refuse to
register until alteration made.

Section 9- Reg. and cancellation

If satisfied that TU has complied with all requirements- reg. the TU

Shall issue a certificate of registration to applicant- conclusive evidence of registration.

Shall enter the name and other particulars of TU in registered maintained.

Every TU registered under TUs act, 1926- having valid registration immediately before commencement of the code- deemed to be
reg. under this code, but TU shall file a statement with registrar that constitution of executive of trade union updates as per section
7 and registrar shall amend his records accordingly.

Certificate- Withdrawn / cancelled by registrar-

 On application of TU
 On info received by registrar regarding contravention by TU of provisions of this code or rules made under it
 If satisfies that the members fall below 10% of total workers or 100 workers (less one): min. 60 days ofnotice is writing-
grounds on which it’s proposed to cancel the certificate of registrationof TU
 Where tribunal has made an order for cancellation of reg.

If cancelled- reasons to be recorder and communicated in writing to concerned TU.

Section 10- Appeal against non-registration or cancellation of registration

Person aggrieved by refusal to grant reg. under section 9 or by cancellation under 9(5)- may prefer an appeal to tribunal- within
prescribed period. as may be prescribed, prefer an appeal to the Tribunal: the Tribunal may entertain the appeal after the limitation
prescribed for preferring the appeal under this sub-section, if he satisfies the Tribunal that such delay has been caused due to
sufficient reason or unavoidable circumstances. After giving reasonable opportunity- tribunal may dismiss the appeal or pass an
order directing the registrar to reg. the TU and to issue certificate or set aside the order of cancellation of certificate + copy of that
order be forwarded to the registrar.

Section 11- Communication to Trade Union and change in its registration particulars

All communications and notices- be sent to address of head office of TU as entered in registermaintained by registrar.

TU shall inform registrar- if members falls below 10% of total workers or 100 workers- lesser one and of any change in
particulars given by it in application and constitution or rules.

Section 12: Incorporation of a registered Trade Union

 Body corporate by name under which it’s registered

 Perpetual succession
 Common seal
 With power to acquire and hold both movable and immovable property and to connect
 Sue and be sued

Section 13: Certain Acts not to apply to registered Trade Unions

Negotiating Union: -

Section 2z- referred in sec. 14

Section 14- Recognition of negotiating union or negotiating council

There shall be a negotiating union/ negotiating council- in an industrial est. having reg. TU- for negotiating with employer.

If only 1 TU reg. – then employer of that industrial est. shall recognise that TU as sole negotiating union of workers.

If more than 1- then TU having 51% or more workers on muster roll of that industrial est. supporting that TU- be recognized as
the sole negotiating union of workers by the employer.
If more than 1 TU reg. and no such TU has 51% or more of workers on muster roll of that industrial est. – then employer shall
constitute a negotiating council for negotiation- consisting of representatives of TUs which have support of min. 20% total
workers on muster roll of industrial est. – that representation shall be 1 representation shall be 1 representative for each 20% and
for remainder – after calculating the membership on each 20%.

Where negotiation is held between an employer and a negotiating council – any agreement is said to be reached- if agreed by
majority of representatives of TUs in such negotiating council.

Any recognition made or any negotiating council constitution – shall be valid for 3 years from the date of recognition or
constitution (or period not exceeding 5 years- mutually decided by the employer and TU).

Section 15: Objects of general fund, composition of separate fund and membership fee of Trade Union

General funds of reg. TU- not be spent on any object other than as prescribed.

A reg. TU may constitute a separate fund- from contributions separately made to that fund- from which payment may be made for
promotion of the civil and pol. Interests of members.

A member shall not be compelled to contribute to fund constituted and if not contribute- not be excluded from any benefits of TU
or be placed under nay disability or disadvantage as compared with other members- directly or indirectly just because he did not
contribute to the fund- except in relation to control or management of said fund.

Contribution to the fund- not be made a condition for admission to TU.

Subscription payable by members of TU- as prescribed.

Section 17: Criminal conspiracy in furtherance of objects of Trade Union

Any office bearer or any member of TU- not be liable to punishment under 120 B- IPC- in respect of any agreement made
between the members for furthering any object of TU- except the agreements is to commit an office.

Section 18: Enforceability of agreements

An agreement between members shall not be void/ voidable just because any of the objects of the agreement are in restraint of
trade.

(Any civil court can’t entertain any legal proceedings instituted for enforcing or recovering damages for breach of any agreement
concerning the conditions on which any members of TU shall or not sell their goods, transact business, work, employ or be
employed).

Section 21: Disqualification of office bearers or members of Trade Unions

1. Not attained age of 18 years

2. Been convicted by a court in India for any offence involving moral turpitude and sentenced to imprisonment (but if 5
years has elapsed since release- then can be member or office bearer).
3. If tribunal directed so.
4. If member of council of ministers or a person holding an office of profit in union/ state(not being an engagement or
employment in an establishment or industry with which the Trade Union is connected) - not be a member of executive or
other office-bearer of a trade Union.

Adjudication of disputes of Trade Unions

Dispute between-

 One trade union and another

 One or more workers- members of TU and TU- regarding reg., administration, management or election of office bearers
of TU
 One or more workers (who refused admission as members)and TU
 Where dispute is in respect of TU- which is a federation) and office-bearers authorised by TU

Application be made to tribunal having jurisdiction over area where the reg. office of TU is located

Only tribunal and no other civil court- power to entertain such disputes.

STRIKES AND LOCK OUTS

Industrial disputes act, 1947- Right to strike

Right to strike in Indian constitution is not absolute right- but flows from fundamental right to form union- subject to reasonable
restrictions.
Strike and lock-out are 2 powerful weapons in the hands of the workers and the employers.

STRIKE

Strike is recognized as an ordinary right of social importance to the working class to ventilate their grievances and thereby resolve
industrial conflict.

Skilful use of these weapons- may help one party to force other to accept its demand or at least to concede something to them. But
reckless use- risk of unnecessary stoppage of work hurting both parties badly creating worse tensions, frictions and violations of
law and order- may retard the nation’s economic development- India cannot tolerate frequent stoppage of work for frivolous
reasons that often accompany- therefore the Industrial disputes act seeks to regulate and strikes and lock-outs so that neither the
workmen nor employers may hold the nation to ransom.
1st known strike- in 12th century BC- in Egypt- workers under Pharaoh Ramses III stopped working on Necropolis until they were
treated better.
Use of work strike- 1st in 1768- when sailors in support of demonstration in London- struck or removed the topgallant sails of
merchant ships at port- thus crippling the ships.
Workers organised themselves to bargaining for better wages and standards with their employees- Strikes became common during
the Industrial Revolution, when mass labour became important in factories and mines.
Most countries- made it illegal as factory owners has more pol. Powers- but most western countries legalized striking in late 19 th
or early 20th century.
The great Bombay textile strike- textile strike called on 18 th Jan, 1982 by mill workers of Bombay under leader Datta Samant-
purpose – to obtain bonus and increase in wages- triggered closure of most of the textile mills in the city- one-year long strike-
The majority of the over 80 mills in Central Mumbai closed during and after the strike, leaving more than 150,000 workers
unemployed- Textile industry in Mumbai has largely disappeared, reducing labour migration after the strikes.
1974 Railway strike- by workers of Indian railways- largest known strike in India- to demand a raise in pay scale (other gov.
owned entities had risen over the years but it remained stagnant)
Buckingham and Carnatak Co. Ltd. vs Workers of Buckingham and Carnatak Co. Ltd.- 1st Nov, 1948- night shift operators
of carding ad spinning department of the Carnatak Mill stopped work some at 4 p.m. some at 4:30 p.m. and some at 5 p.m- the
stoppage ended at 8 p.m. in both the departments. By 10 p.m. the strike ended completely- the cause for the strike was that the
management of the Mills had expressed inability to comply with the request of the workers to declare 1st November, 1948 as a
holiday for solar eclipse- Supreme Court held it strike.
Indian Iron and Steel Ltd. vs Its workmen- Mere cessation of work does not come within the preview of strike unless it can be
shown that such cessation of work was a concerted action for the enforcement of an industrial demand.
Ram Sarup and anr. Vs Rex- Mere absence from work- not enough but there must be concerted refusal to work- to constitute a
strike.
Object:
Object to industrial strike is achievement of eco. Objectives or defence of mutual interests.
Object of the strike must be connected with the employment, non-employment, terms of employment or terms and conditions- as
they are prominent issues for demands and it also include demands for codifications of proper labour laws to abolish unfair labour
practices prevalent.
BR Singh vs UOI- strike is a form of demonstration. Thought right to strike or demonstration is not FR- it’s recognized as a mode
of redress for resolving the grievance of workers. Though the right has been recognized by almost all democratic countries but it’s
not absolute right.
TK Rangarajan vs Tamil Nadu- gov. terminated the services of all employees who resorted the strike- held- the gov. staff have
no statutory, moral or fundamental right to strike.
Right of Lawyers to strike- 2005- SC- lawyers have no right to go on strike or give a call for boycott and not even a token strike
to espouse their causes- PIL by NGO common cause through adv. Prashant Bhushan

Ram Jethmalani- not to work is also a constitutional right- bench said- a months time meeting of the important sections of the
Bar Associations be called to see if problem can be sorted out once and for all.
Justices Kurian Joseph and Arun Mishra- Lawyers should not go on strike- it’s like Brahmastra- only used in difficult situation.
Dharam Singh Rajput v. Bank of India Bombay- held that right to strike as a mode of redress of legitimate grievance of
workers is recognized by Industrial disputes act. But it is to be exercised after complying with the conditions mentioned in act and
also after exhausting intermediate and salutary remedy for conciliation.

 Strike and lockout- significant tools available to both workers and employers.
 Strike- stoppage or suspension of work initiated by workers whereas a lock-out occurs when the employer shuts down or
closes the workplace to enforce their terms or conditions.
 A strike is acknowledged as a basic right of the working class, essential for addressing grievances and resolving
industrial disputes.
 However, reckless use of these tools can lead to unnecessary work stoppages, harming both parties and causing greater
tension, conflicts, and legal violations. From a public perspective, it slows the nation's economic growth. India cannot
afford frequent work stoppages for trivial reasons, and thus, the previous law i.e. Industrial Disputes Act & the new law
 i.e. the Industrial Relations Code 2020, both seek to regulate and limit strikes and lock-outs to prevent either side from
holding the nation hostage.

Definition as per old act- Industrial disputes act, Definition as per new act- the Industrial relations
1947 code, 2020
Section 2(q) Section 2(zk)
Cessation of work by a body of persons employed in Cessation of work by a body of persons employed in
any industry- acting in combination, or concerted any industry- acting in combination, or concerted
refusal/ refusal under common understanding- of any refusal/ refusal under common understanding- of any
no. of persons- who are/ have been employed to no. of persons- who are/ have been employed to
continue to work or to accept employment. continue to work or to accept employment and
includes the concerted casual leave on a given day
by 50% or more workers employed in a industry.

History of strikes

Long history- Towards the end of the twentieth dynasty, under Pharaoh Ramses III in ancient Egypt in the twelfth century B.C.E.,
the workers of the royal necropolis organized the first known strike or workers' uprising in history.
Strikes- became imp. During industrial revolution- when mass labour became imp. In factories and mines and workers were often
exploited by employers-Most countries- made it illegal as factory owners has more pol. Powers- but most western countries
legalized striking in late 19th or early 20th century.
1st ever strike struggle of Indian industrial workers took place in March, 1862- within 9 years of its emergence. 1200 railway
workers of Howrah station went on strike demanding an eight-hour work day. In 1877 workers launched a strike demanding a
wage hike in Nagpur Empress Mill.
Strike-stoppage of work by workmen as an organized protest in order to try and obtain certain concession from their employer.
Cessation of work by workmen must be in order to obtain certain concessions to them from their employee.
Right to strike- Not absolute righty but stems from FR to form unions- reasonable restrictions.
Meaning of strike
A "strike" refers to a group of workers in any industry stopping work together.
It also includes:
1. A group decision to refuse to work.
2. A common agreement among workers to stop working or to reject employment.
3. Taking coordinated casual leave by 50% or more workers in an industry on a specific day.
Modification/ change in the definition of ‘strike’ so as to include the concerted casual leave on a given day by 50 percent or more
workers employed in an industry, also within its ambit {Section 2(zf) in the code}

Essentials:
1. Astoppage/cessation of work
2. Such stoppage of work by a group of workers employed in any industry acting together
3. Stoppage of work must by more than one person i.e. collective refusal
4. Refusal under common understanding
5. Refusal to accept employment by a number of employed or previously employed workers.
6. Includes collective casual leave on a specific day by 50% or more workers in an industry

Common reasons
Wherever violation of rights of workers/ unfair labour practices or unnecessary victimization- lead to atmosphere of strike.
Economic causes
Demand for wages
Dearness allowance and bonus
Demand for improved working conditions
Demand for reinstatement
Managerial causes
Non recognition of trade unions
Resistance to misconduct by officers
Defective recruitment and worker development policies
Insufficient and defective leadership
Political causes

Strike- 19(1)c and reasonable restriction in 19(4)

 Kinds of strike

General Strike

Intended to increase the political pressure on ruling party by all unions or members in a region or state.

Large scale strike organised by employees belonging to an industry, region or entire country.

Since on a mass basis- huge impact- put a lot of pressure on employers. But not intended against any individual employer.

E.g. Nationwide strike of November 1991, September 1993, September 1994, June 1992, September 1998.

Token strike

General strike but for a day or few hours- short duration – main object is to draw the attention of the employer by demonstrating
the solidarity and co-operation of the workers.

Economic Strike

Due to economic demands like increment in wages and allowances like house rent allowance, transport, allowances, bonuses etc.

An economic strike is a strike concerning the wages, hours and other conditions of work and terms of employment of the worker.
In economic strikes, the workers demand betterment regarding their wages, house rent allowance, travelling allowance, dearness
allowance and other facilities such as privilege leave and casual leave.

Sympathy Strike

Union or workers of one industry join strikes already hailed by other unions or workers. In it- Striking workers/ employees have
no demands or grievances of their own but strike for purpose of aiding others, either directly or indirectly.

Strike within purview of the Industrial Disputes Act.

S. Kumbalingam vs. Indian Metal and Metallurgical Corporation, Madras- when the workers in concert absent themselves out of
sympathy for some cause wholly unrelated to their employment or even in regard to the condition of workers in service under
other management, such absence could not be held to be a strike, as the essential element of the intention to use it against the
management is absent. The management would be entitled to take disciplinary proceedings against the workmen for their absence
on the ground of breach of the condition of service

Sit-in Strikes

Pen-down, tools-down and stay-in.

Employees report for work but do not work.

Sometimes be planned and other times spontaneous- depending of happenings and urgency of the situation.

Peacefully enter the place of employment without indicating intention. But after entering- do not work.

If blue-collared workmen do not do their work, it may be a tool-down strike, and if white-collared workmen do not work, it is a
pen-down strike.

In such cases, workers hold strikes at the workplace and none of the workers stay absent from duty but they all refuse to work till
their demands are fulfilled.

Mysore Machinary Manufacturers vs. State AIR 1996 Mys 51- where dismissed workmen were staying on premises and refused
to leave them, did not amount to strike but an offence of criminal trespass.

Punjab National Bank, Limited vs. Its Workmen (1963)-a pen-down strike falls within the definition of strike under the Industrial
Disputes Act, 1947 and is not per se illegal. In this case, the employees of the appellant bank commenced a pen down strike,
followed by a general strike during the pendency of arbitration proceedings. The strike was peaceful and non-violent. The Court
held that the pen-down strike did not disentitle the employees to reinstatement.

Bosch management case- management impose a lockout- following workers tools down strike- reaction to company’s abrupt
outsourcing of an entire department’s work-workers arrived to find the machinery gone and were notifiedthat they would lose
their jobs- Bosch, the Indian subsidiary of the German engineering giant company, had employed over 25,000 people and
generated revenues exceeding 92.70 billion rupees in 2010- representatives from management and the MICO Employees
Association (MEA) had met with Gurudas Bhat, Karnataka’s additional labour commissioner, but the negotiations had quickly
failed. Another tripartite meeting held had yielded the same outcome- held- a strike.

Slow down strike

Don’t refuse work but put pressure on industries to get their demand by reducing or restricting the output of the production
industry.

Go- slow or work to rule strikes- are forms of strikes wherein the employees work but not up to their usual capacity or level.

They reduce their output intentionally by working below the usual benchmark they had previously set to show their protest to the
employer. In this type of strike, the employee’s revenue is badly affected, even though the employees continue to get their wages.
Here, the employee strictly follows the rules and just refuses to deviate from them.

The workmen reduce the speed of work or adopt dilatory tactics to reduce the usual production while pretending to be engaged in
work.

In the case of Bharat Sugar Mills Ltd. vs. Jai Singh (1961), the Court held that going slow is a deliberate delay of production by
workmen pretending to be engaged in the factory. It would not be wrong to look at it and call it dishonest. Delaying production
and eventually reducing the output, the workers claim to have remained employed, thus being in a position to be entitled to full
wages. Go-slow is likely to be much more harmful than total cessation of work by strike, as during a strike much of the machinery
can be fully turned off. During the go slow the machinery is kept going at a reduced speed, which is often extremely damaging to
machinery parts.

Sasa Musa Sugar Works Pvt. Ltd. v/s Shobrati Khan &Ors- held that, Go-Slow strike is not a “strike” within the meaning of the
term in the Act, BUT IS SERIOUS MISCONDUCT.

Hunger Strike

Painful strikes by strikers where workers go on strike without food/water to redress their grievances. Employees undertake fasting
by abstaining from both food and work as a means of protest. Purpose- to put forwards their grievance to employersand get the
attention of the government of the general public to the cause of the strike.

Since there is a cessation of work due to employees’ participation in the fast, it is viewed as a strike.

Non- violent and not strictly under Industrial disputes act of 1947. Not necessarily a cessation of work. But when it usually results
in their cessation or suspension of work- then it would of course constitute a strike.

In the case of Pipraich Sugar Mills Ltd. v. Pipraich Sugar Mills Mazdoor (1956), the Supreme Court held that a hunger strike
amounted to a strike where workmen who held key positions in the factory went on a hunger strike with the result that other
workmen who came to work could not do work.

Particular strike

Limited in scope and usually confined to a single plant or a few plants or to a single trade or occupation.

Whatever the form or method may be, it is a strike within the meaning of the Act, provided it fulfils the requirement of Section
2(q) of the Industrial Disputes Act, 1947.

However, the nature and importance of strikes change from place to place, as they are not static. It may be used as an organising
device or even as a means of general protest. Its use could be extended to a political demonstration or as a significant part of the
collective bargaining process used to induce agreement.

Legal and Illegal strike

A strike is legal if it does not violate any provisions of the statute. Though the right to strike is not expressly recognised as a legal
right under the Industrial Disputes Act, 1947, strikes not resorted to in contravention of the provisions of the said Act are
considered as legal.

Strikes become illegal, not because of objects but because of the breach of statutory provisions. Thus, strikes in contravention of
the provisions of the Industrial Dispute Act, of 1947, the Central Civil Services (Conduct) Rules, of 1964, and the Essential
Services Maintenance Act of 1981 are illegal. The circumstances under which strikes shall be illegal and under which they shall
be deemed to be legal are subject to the Act.

LOCK OUT

Definition as per old act- Industrial disputes act, Definition as per new act- the Industrial relations
1947 code, 2020
Section 2(l) Section 2(u)
“lock-out” means the temporary closing of a place of Cessation of work by a body of persons employed in
employment or the suspension of work, or the refusal any industry- acting in combination, or concerted
by an employer to continue to employ any number of refusal/ refusal under common understanding- of any
persons employed by him. no. of persons- who are/ have been employed to
continue to work or to accept employment and
 includes the concerted casual leave on a given day
by 50% or more workers employed in a industry.
"lock-out" means the temporary closing of a place of
employment, or the suspension of work, or the
refusal by an employer to continue to employ any
number of persons employed by him.

It includes-

 The temporary closing of a place of employment, or

 The suspension of work, or
 The refusal by an employer to continue to employ any number of persons employed by him

A tool by which employer fulfils his demands from employees who are already working for and under him. He makes his
demands agreed upon by using methods that pressurize the workers to agree to his demands related to their employment with the
employer.

Thus- there is an element of demand for which the place of employment is locked out or closed- have the intention to re-employ
the workers if they accept the demands.

These lockouts are the last resort available to the employer after conciliation measures have been deemed unfruitful.

Although declaring lockouts is not illegal, but conducting them without complying with the legal formalities and regulations could
be deemed illegal.

Also, not in every circumstance can a lockout be made, such as where a company closes down its business and terminates the
service of its workmen; or where there is retrenchment of some workmen on the ground of rationalization of work; or when there
is refusal by an employer to allow latecomers on a day to work on that day, etc. - In all these cases, there is no need to conduct a
lockout in the industrial establishment.
Lockout means temporary shutdown of the factory by the employer, but not winding up (permanent) of the factory- It may happen
due to the failure in the management affected by internal disturbances or maybe by external disturbances.
 Internal disturbances maybe caused when the industry management goes in to financial crisis or gets succumbed into
financial debts, disputes between workers and workers, disputes between workers and management or may be caused by
ill-treatment of workers by the management.
 Sometimes factory lockouts may be caused by external influences, such as unnecessary political involvement in
management of workers union may provoke unjustified demands that may be unaffordable by the management, which
may ultimately lead to lockout of the factory.
Unlike the strikes, lockout is declared by the management out of the consequences of clashes between management and the
workers, due to unjustified demands by the workers.

REASONS:

There is no exhaustive list under which all the reasons under which a lockout can be declared are mentioned. Although the main
reasons that are commonfor declaring a lockout are mentioned below:

1. Labour disputes occurring between workers and employers in regard to terms of employment.
2. General disputes occurring between workers which leads to interruptions in work.
3. To make the workers agree to a change in regard to the new policies of the organisation.
4. Inresponse to illegal strikes, continuous strikes, or regular strikes by the employees or their union.
5. Inregard to the economic and strategic reasons of the employer.
6. To deal with financial losses by reducing its liability for paying wages and cost savings.
7. To deal with external environmental disturbances that occurred due to unstable government decisions.
8. Lack oftrust, peace, and harmony between employers and employees

Effects of a lockout on Effects of a lockout on Employer Effects of a lockout on Workmen

organizations
• Speedy completion of the work • Leverage in negotiations • Financial loss and financial
• Financial impact • Cost savings stress • Emotional stress and low
• Strategic impact • Resolution of labour disputes morale • Impact on families
• Operational disruptions and loss • Financial losses • Impact on health
of market share • Loss of market share • Impact on career progression
• Disruptions in the supply chain •Damage to customer • Disruption of routine
• Loss of intellectual capital relationships • Divisions and strain
• Employee morale • Increased labour costs • Potential legal action
• Employee recruitment and • Employee morale
 retention • Reputation risk • Operational disruption
• Litigation • Legal and regulatory risks
• Legal and regulatory risks • Potential for litigation
• Long-term labour relations • Long-term consequences

Management Of Kairbetta v. Rajamanickam and Others, 1960

SC observed- Just as a strike is a weapon available to the employees for enforcing their industrial demands, a lockout is a weapon
available to the employer to persuade by a coercive process the employees to see his point of view and to accept his demands. In
the struggle between capital and labour, the weapon of strike is available to labour and is often used by it, so is the weapon of
lockout available to the employer and can be used by him.

Lakshmi Das Sugar Mills Ltd. v. Pt. Ram Sarup

Seventy-six workers of the appellant company went on a strike in support of a dismissed co-worker- general manager of the
company made efforts so that the workers resume their work, but after making certain efforts, in the end, he suspends them until
further notice. On a day, after the mid-day recess, the workers forcefully entered the mills, leading to the call of the police to
maintain peace. After all this, charges of misconduct and insubordination were framed against the workers. This further led to an
open inquiry by the general manager, but the workers’ non-cooperation during this inquiry made the management take the step of
dismissing the workers. However, due to a pending appeal, the company was made to seek permission from the Labour Appellate
Tribunal to dismiss the workers. The main dispute in this case was whether the suspension and prevention of workers from
working after midday constituted a lockout or not. The Supreme Court of India in this case gave the decision in favour of the
company by stating that the conduct of the company did not meet the definition of a lockout. And even if it is considered a
lockout, it was because of the consequences of an illegal strike conducted by the workers. And against an illegal strike, the
employer has a right to do a lockout. There is no need to obtain permission from the Appellate Tribunal to declare a lockout. The
court also rejected the contention that the lockout amounted to punishment, as it was in response to the non-cooperation of the
workers themselves.
Bangalore Water Supply v. A Rajappa
It horizon of the term ‘industry’ as defined in Section 2(j) of the Industrial Disputes Act, 1947. Although this case does not
explicitly talk about the concept of lockout, it does deal with the issue of the rights of employers to lockout their workers. In
relation to ‘lockout’, the Supreme Court, in this case, held that no doubt the law has provided the right of conducting lockout to an
employer, but this is not an absolute right, and it is subject to a number of restrictions. This is an implied right that arises from the
right to hire and fire workers. The court also held that the workers are entitled to reasonable notice of a lockout, which is to be
provided by the employers with an opportunity to negotiate.
Cera Sanitaryware Limited v. State of Gujarat
The company made a settlement agreement with a previous union in the year 2017 under which certain terms and conditions were
laid regarding wages and service. This settlement was for a duration of four years, i.e., from 1st September 2017 to 31st August
2021. Later when a dispute arose the workers under a new union, the Gujarat Mazdoor Sabha, called for strikes on multiple
occasions in the year 2020. The company made efforts to call off the strike, but it was not fruitful. In response to this, the union
claimed that a lockout was declared by the company, which resulted in a legal dispute over the nature of the work stoppage. The
Gujarat High Court observed that the efforts made by the company in calling off the strike and issuing notices which were
published on the notice board, in no sense amounted to a lockout, and whatever it did was in accordance with the law. Certain
government officers were also sent to the company, and they observed that the workers were not being prevented from entering
the company premises, and thus the allegations of the workers and union regarding the lockout were frivolous and untenable.

Sec. 62- Prohibition of strikes and lock-outs

(1) Conditions for going on strike-
1. Not without giving notice of strike within 60 days before striking
2. Not Within 14 days of giving such notice- go on strike
3. Not before expiry of date of strike specified in notice
4. Not during pendency of any conciliation proceedings before a conciliation officer and 7 days after conclusion of that
proceeding
5. Not during pendency of proceeding before tribunal or national industrial tribunal and 60 days after conclusion of
proceeding
6. Not during pendency of arbitration proceeding and 60 days after conclusion of the proceedings- where notification has
been issued under section 42
7. Not during any period in which settlement or award is in operation
(2) Conditions for Lock-out
1. Not without giving notice of lock-out-within 60 days before locking-out
2. Not within 14 days of giving notice
3. Before the expiry of the date of lock-out specified in notice
4. Not during the pendency of any conciliation proceeding- and 7 days after conclusion
5. Not during the pendency of any proceeding before tribunal or a National Industrial Tribunal- and 60 days after
conclusion
 6. Not during the pendency of any arbitration proceeding- and 60 days after conclusion- notice under sec. 42 (5).
7. Not during any period in which settlement or award is in operation
 The notice of strike or lock-out under this section shall not be necessary where there is already in existence a strike/ lock-
out, but the employer shall send intimation of it on the day on which it is declared, to such authority (as specified by the
appropriate Government) either generally or for a particular area or for a particular class of services.
 No. of persons giving notice, receiving it and the manner of notice- as prescribed.
 If on one day- workers/ employer- gives or receives notice- shall report to appropriate gov./ authority prescribed by gov.
+ to conciliation officer- the no. of notices given/ received on that day- within 5 days.

Section 63- Illegal strikes and lock-outs

1. Illegal if-
 Commenced or declared in contravention of sec. 62
 Continued in contravention of an order made under 42(7)
2. When strike/ lock-out (in pursuance of an industrial dispute)- already commenced and in existence at time of filing of
application relating to such dispute in tribunal or reference to arbitrator or National Industrial tribunal- the continuation
of that strike/ lock-out- not deemed to be illegal (provided it was not at its commencement in contravention of provisions
of this code or continuance was not prohibited under 42(7).
3. A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not
be deemed to be illegal.
Section 42(7)- where industrial dispute referred to arbitration and a notification been issued- appropriate gov. may prohibit the
continuance of any strike/ lock-out in connection with such dispute.

Section 64- Prohibition of financial Aid to illegal strikes and lock-out

No person shall knowingly spend or apply any money in direct furtherance or support of any illegal strike or lock-out.