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.
No comments:
Post a Comment