STRIKES

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Slide 1: 

SRIBATSA PATTANAYAK M.B.A ABA, BALASORE S T R I K E S

INTRODUCTION : 

INTRODUCTION Industrial peace implies the existence of harmonious relation between the management & workers. When the relationship between them are not cordial, industrial atmosphere is not peaceful, such a situation is called industrial unrest. INDUSTRIAL UNREST ORGANISED UNORGANISED When it is unorganised, the moral Of the workers are generaly low & the managements are not sincere in solving the problems of the workers. But when industrial unrest takes an organised form, it gets expression in the form of strikes, demonstrations, picketing & lock-outs.

STRIKES : 

STRIKES Strike is a very powerful weapon to get its demands accepted by a trade union. According to industrial disputes act, 1947, Strike means , “cessation of work by a group of workers for the purpose of bringing pressures on their employers to accept their demands”.

TYPES OF STRIKES : 

TYPES OF STRIKES

WHEN ARE STRIKES JUSTIFIED ? : 

WHEN ARE STRIKES JUSTIFIED ? All strikes are not justified, and nor all strikers are unjustified. If the strike was held by the workers in support of their reasonable, fair & bonafide demands in peaceful manner, then the strike will be justified. If it was held by using of violence or acts of sabotage or for any ulterior purpose, then the strike will be unjustified.

EXAMPLES: : 

EXAMPLES:

RIGHT TO STRIKE : 

RIGHT TO STRIKE FOR LONG STRIKE HAS BEEN RECOGNISED AS A LEGITIMATE WEAPON FOR WORKMEN SEEKING ENFORCEMENT OF RIGHTS. BUT IT IS NOT A FUNDAMENTAL RIGHT, BECAUSE THE INDIAN CONSTITUTION DOES N’T CONSIDER THE RIGHT TO STRIKE AS A FUNDAMENTAL RIGHT, AS IT CAN NOT BE CONTROLLED BY THE INDUSTRIAL DISPUTES ACT , IF DECLARED SO. THE RIGHT TO STRIKE HOWEVER IS NOT UNQUALIFIED. IT IS A RELATIVE RIGHT WHICH CAN BE EXCERCISED WITH DUE REGARD TO THE RIGHT OF OTHERS. A STRIKE THEREFORE SHOULD USED AS A WEAPON ONLY AS A LAST STEP, WHEN ALL OTHER POLICIES HAVE PROVED FUTILE & IT SHOULD BE PERFORMED IN A PEACEFUL MANNER FOR GOOD & JUSTIFIABLE REASONS.

CONTINUED.. : 

CONTINUED.. M.K GANDHI RECOGNISED THE WORKERS RIGHT TO STRIKE, BUT HE WARNED THAT, SUCH A STRIKE SHOULD BE CONDUCTED, WHEN ALL OTHER METHODS HAVE FAILED. ACCORDING TO THE NATIONAL COMMISSION ON LABOUR, THE RIGHT TO STRIKE WITH REASONABLE RESTRAINT HAVE BEEN RECOGNISED IN ALL DEMOCRATIC SOCIETIES. HOWEVER SUPREME COURT OF INDIA IN ITS JUDGEMENT ON T.K RANGARAJAN VRS. GOVT. OF TAMILNADU & OTHERS (2003)6 SCC 581, HELD THAT GOVT. EMPLOYEES HAVE NO STATUTORY/ EQUITTABLE/MORAL TO RESORT TO STRIKE & THAT THEY CANN’T TAKE THE SOCIETY AT RANSOM BY GOING ON STRIKE, EVEN IF THERE IS INJUSTICE IN SOME EXTENT. FURTHER THE COURT OBSERVED THAT, STRIKE AS A WEAPON IS MOSTLY USED, WHICH RESULTS IN CHAOS AND TOTAL MAL-ADMINISTRATION.

NEGATIVE IMPACT OF STRIKES : 

NEGATIVE IMPACT OF STRIKES THE CONSEQUENCE OF INDUSTRIAL DISPUTES ARE FAR REACHING, AS THEY DISTURB THE ECONOMIC, SOCIAL & POLITICAL LIFE OF A COUNTRY. IN THEIR IMPORTANCE THEY ARE , THEY ARE NO LESS THAN A WAR. AS IN MODERN WARS , THE CAUSALTIES & SUFFERINGS ARE NOT CONFINED TO SOLDIERS ONLY, SO IN THE CASE OF STRIKES, THE ADVERSE EFFECTS ARE NOT CONFINED TO EMPLOYEES. AS A WAR STARTS LOCALLY BUT HAS THE POSSIBILITY OF AFFECTING THE ENTIRE HUMANITY, SO INDUSTRIAL DISPUTES MAY AFFECT THE ENTIRE COMMUNITY. AN INDUSTRIAL UNREST IS JUST LIKE A BIG STONE THROWN IN TO A POND, CAUSING A WIDE SPREADING WAVES TILL THE ENTIRE POND IS AFFECTED. NATURALLY THE WORKERS, EMPLOYERS, THE CONSUMERS, THE COMMUNITY & THE NATION SUFFER IN MORE THAN ONE WAY.

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HUGE WASTAGE OF MAN-DAYS. DISLOCATION IN THE PRODUCTION WORK. A STRIKE IN THE PUBLIC UTILITY SERVICES LIKE WATER SUPPLY, POWER, GAS SUPPLY, POSTS, TELEGRAPH, TELEPHONE, RAILWAYS/ROADWAYS, HOSPITALS & DISPENSARIES ETC. DIS-ORGANISES PUBLIC LIFE & THROW THE ECONOMY OUT OF GEAR. THE WORKER LOSSES WAGES, WHICH RESULTS IN FAMILY DISTURBANCES, MENTAL AGONIES, TENSIONS ETC. IF A STRIKE BECOMES UNSUCCESSFUL, THEN IT IS A BURDEN OF FINANCIAL LOSS ON WORKERS, WHICH DEMORALISES THEM, DISSAPPOINTED THEM SEVERELY. AN INDUSTRIAL UNREST RESULTS IN :

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AGAIN THE EMPLOYERS SUFFER A HEAVY LOSS, NOT ONLY THROUGH STOPPAGE OF PRODUCTION, REDUCTION IN SALES & LOSS OF MARKET, BUT ALSO IN THE HUGE EXPENDITURE INCURRED IN CRUSHING STRIKES. STOPPAGES OF WORKPLACE RESULTS IN SHORT SUPPLY OF CONSUMER GOODS, WHICH CAUSES SKY RIDING PRICES & LEAD TO NON-AVAILABILITY OF PRODUCTS IN THE OPEN MARKET. INDUSTRIAL DISHARMONIES LIKE STRIKES AFFECTS NATIONAL ECONOMY. PROF. PIGOU POINTED OUT THAT, WHEN LABOUR & EQUIPMENT ARE RENDERED IDLE BY A STRIKE OR LOCK-OUT, NATIONAL DIVIDEND SUFFERS, BY LESSENING THE OUTPUT, WHICH ULTIMATELY REDUCES NATIONAL INCOME. CONTINUED..

CONCLUSION : 

CONCLUSION HENCE KEEPING ALL THESE ABOVE MENTIONED DISADVANTAGES, IT IS JUSTIFIED TO SAY THAT, “STRIKES ARE NOT A USUAL RIGHT OF THE EMPLOYEES”.

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THANKS

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