The Role of Strikes in Industrial Relations
"Strike" is a powerful weapon in the armory of workmen to gain an edge in the matter of collective bargaining. It is recognized in industrial relations and analyzed in industrial jurisprudence, particularly in light of the general and special provisions relating to the subject matter in the Industrial Disputes Act, 1947. Prudence always demands that management or employers take certain positive preemptive measures to avoid a strike in general. However, this does not mean that the fear of a strike should lead to the acceptance of unreasonable or unjust demands from workmen. It should be borne in mind that neither the perspective of the workmen nor that of the management alone can determine the reasonableness or justification of the demands raised. When the employer's reaction is dictated by a protective paternal mindset and that of the workmen by an overwhelming child mindset, conflict can culminate in a strike. What is needed at this moment of deadlock is the simultaneous transition of both parties to an adult mindset rather than resorting to countermeasures.
Legal Aspects of Strikes
Regarding your question, the legality of a strike is a matter of compliance with the provisions of Sec. 22(1) or Sec. 23 of the ID Act, 1947. Since you have mentioned that the ongoing strike is legal, this needs no further elaboration. Please refer to Schedule V of the ID Act, 1947. In Part I, you will find the following in the list of Unfair Labor Practices on the part of employers and trade unions of employers:
- Serial no. 6: To abolish the work of a regular nature being done by workmen and to give such work to contractors as a measure of BREAKING A STRIKE.
- Serial no. 8: To insist upon individual workmen who are on a legal strike to sign a good conduct bond as a precondition to allowing them to resume work.
- Serial no. 12: To recruit workmen during a strike which is NOT an ILLEGAL STRIKE.
Therefore, it is better to resume negotiations, directly or through the area conciliation officer, immediately. You should be prepared to relax your earlier rigid and negative stand and offer some interim concessions to end the strike forthwith.
Regards