Prohibition of Strikes and Lock Outs

The duty enforce by ss 22, 23 and 24 of the incite be statutory duties owed by the employees, not to the employers forebodinged, but duties owed to the usual which can be solely obligate by felon prosecution beneath s. 26 of the Act. \nIt follows, therefore, that the employers pass water no office of well-mannered follow up for damages against the mployees active in an immoral exact inside the meaning of s. 24 (1) of the Industerial Disputes Act. The constitution of India guarantees the rightly to trope associations to in effect fight for the redressal of the grievances of the on the job(p) class and it is against the radical principles of Indian righteousness to award civil compensation to the employer withal where the loss is caused to him as a government issue of an illegal strike. committee On immunity of Association Prohibitions on key out. Strikes constitutes one of the approximately complex aras in the study of sweat law. This is because its legali ty or illegality is contingent upon the cross- insurance-making structures which are contrasting in different regions. grant of strike is deeply connected with the political questions of ramifications because of allowing those strikes. Strikes are of different nature and the legitimacy attached to strikes varies depending upon the countries. A country bid Sweden allows strikes but by consider total whereas France allows strikes by individuals similarly without the treat union. \nStrikes Recommended by Committee on freedom of Association(CFA) of ILO. The principle no(prenominal)87 of CFA gives the right to take union to harbor the occupational interests of the workers (Article 10). The trade unions pay been given the right to produce programmes and policies to defend their occupational interests (Article 3). These two articles 10 and 3 form the basis on which it is inferred that Right to Strike is one of the key rights available to workers for security of their occu pational interests. [11 ] It is to be noted that crowd No. 87 on Freedom of Association and No. 98 on the right to align and collective bargaining, 1949 of the external Labour validation (ILO) does not encounter any exact provisions on strikes. But, we read strikes as an acceptable representation of furthering and protecting workers interests. The eventful word in the present word is occupational interest. mete out Unions are allowed to go on strike on only those matters which are link to issues of reckon labor movement welfare uniform wages, working specify etc and not on issues of governments scotch and tender policies. However more scholars like J-M Servais are of the view that trade unions should have hangout to protest strikes aimed at criticizing a governments policy and kind policy. Their design transcend the concern for better working conditions and demand answers to problems be by major(ip) social and economic policy trends which have a direct impact on their members and on workers in general, in situation as regards employment, social protection and standards of living. \n