Dear friends,
It's worth recollecting the S.C.judgments on this issue (AIIMS). I attach the analysis of the subject appeared in The Hindu for further deliberation of members.
"Kerala Judgement
Recall, in August 2003, the Supreme Court had expressed its anguish over strikes. Upholding the Kerala and Calcutta High Courts’ judgments declaring bandhs as “illegal and unconstitutional way of collective bargaining”, it had ruled, that Government employees had no “fundamental, legal, moral or equitable right” to go on strikes whatever the cause, “just or unjust”. Pointing out that aggrieved employees had other options available to them, the Bench opined: Strikes as a weapon is mostly misused, which results in chaos and total maladministration.
Adding: “In a democracy, government employees are part and parcel of the governing body and have a duty to society. They cannot hold society to ransom.” To buttress its contention, the Court observed: “The law on this subject is well settled and even a very liberal interpretation of Article 19 (Freedom of Expression) cannot lead to a conclusion that trade unions have a fundamental, guaranteed right to an effective collective bargaining or to strike either as part of collective bargaining or otherwise.”
The Apex Court’s judgment also upheld the Kerala Court’s distinction between a hartal and a bandh. It held that a hartal was a form of passive resistance and a call for it did not involve force. However, a bandh was an enforced muscle flexing act which interfered with the freedom of citizens. A bandh call might completely halt locomotion and, as a result, involve life and property, particularly of those who attempt to go against the strike call.
Trust our “law abiding” netagan to circumvent the Court’s ruling. They simply replaced their call for bandh by hartal. To plug this loophole, the Supreme Court and the Kerala High Court, yet again directed the Election Commission to entertain complaints seeking de-recognition of political parties that called for hartals by “force, intimidation --- physical or mental --- and coercion was unconstitutional”. They even imposed a fine on holding of bandhs and hartals. (The Bombay High Court ordered the Shiv Sena and BJP to pay Rs.20 lakh each to compensate for losses incurred during a bandh organized by them in 2003). Predictably, this led to a political uproar. Nothing more, nothing less".
kumar.s.