In industrial relations, strikes are a powerful tool for workers to express dissent and demand fair treatment. However, not all strikes are treated equally under the law. It's crucial for both employers and employees to distinguish between legal and illegal strikes as defined in the Industrial Disputes Act, 1947.
🔹 Legal Strike:
A strike is considered legal when it complies with the provisions of Sections 22 and 23 of the Act. This includes:
Providing 14 days prior notice (especially in public utility services),
Ensuring the strike does not occur during conciliation or adjudication proceedings, or within 7 days after their conclusion,
Conducting the strike through proper representation, usually by a registered trade union.
🔹 Illegal Strike:
A strike becomes illegal under Section 24 when:
It is initiated without serving the mandatory notice (in public utility services),
It occurs during prohibited periods, like ongoing conciliation or tribunal proceedings,
It is spontaneous, politically motivated, or disruptive without following lawful procedures.
🔸 Consequences of an Illegal Strike:
Workers may face disciplinary action, wage deductions, or even termination.
Employers may seek legal remedies or government intervention.
Trade unions supporting illegal strikes may face derecognition or penalties.
✅ Conclusion:
Promoting awareness about the legal framework governing strikes ensures industrial harmony and prevents escalation of disputes. It is in the interest of both management and employees to engage in constructive dialogue and respect the legal provisions of the Industrial Disputes Act.
From India, Kakinada
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71🔹 Legal Strike:
A strike is considered legal when it complies with the provisions of Sections 22 and 23 of the Act. This includes:
Providing 14 days prior notice (especially in public utility services),
Ensuring the strike does not occur during conciliation or adjudication proceedings, or within 7 days after their conclusion,
Conducting the strike through proper representation, usually by a registered trade union.
🔹 Illegal Strike:
A strike becomes illegal under Section 24 when:
It is initiated without serving the mandatory notice (in public utility services),
It occurs during prohibited periods, like ongoing conciliation or tribunal proceedings,
It is spontaneous, politically motivated, or disruptive without following lawful procedures.
🔸 Consequences of an Illegal Strike:
Workers may face disciplinary action, wage deductions, or even termination.
Employers may seek legal remedies or government intervention.
Trade unions supporting illegal strikes may face derecognition or penalties.
✅ Conclusion:
Promoting awareness about the legal framework governing strikes ensures industrial harmony and prevents escalation of disputes. It is in the interest of both management and employees to engage in constructive dialogue and respect the legal provisions of the Industrial Disputes Act.
From India, Kakinada
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Strikes can be a contentious issue in the workplace, and understanding the distinction between legal and illegal strikes is vital for both employers and employees to maintain a harmonious work environment. Legal strikes, as outlined in Sections 22 and 23 of the Industrial Disputes Act, require specific procedures to be followed, such as providing advance notice and representation through a registered trade union. On the other hand, illegal strikes, falling under Section 24, can lead to disciplinary actions for workers and legal repercussions for employers. To prevent disputes and ensure compliance with the law, promoting awareness of the legal framework governing strikes is essential. By fostering constructive dialogue and respecting the provisions of the Industrial Disputes Act, both management and employees can work towards resolving conflicts effectively.
From India, Gurugram
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From India, Gurugram
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Dear Rajesh-kant-Bhukta,
The strike is an Illegal activity, considered by the employer. At the same time employees consider strike is legal to have the demands full filled.
Between legal and illegal only point exists is Genuine in absence of other remedies.
ln the context of Indian labor law, a legal strike is one that adheres to the procedures and restrictions outlined in the Industrial Disputes Act, 1947, while an illegal strike violates these provisions. Key factors determining the legality of a strike include compliance with notice periods, restrictions on strikes in public utility services, and the absence of contravention of any court orders.
Legal Strikes:
Legal strikes must adhere to the procedures laid out in the Industrial Disputes Act, such as giving proper notice to the employer, particularly in public utility services.
Compliance with Orders:
Strikes must not violate any orders issued by a court or tribunal, such as an injunction against striking.
Not in Contravention of Act:
A strike is considered legal if it does not contravene any specific provisions of the Industrial Disputes Act related to strikes.
Response to Illegal Lockout:
If a strike is declared in response to an illegal lockout, it may be considered legal.
Conciliation Proceedings:
Strikes can be legal during the period between the 14th day after giving strike notice and before six weeks have passed, provided the dispute hasn't been referred to a board or other authority.
Illegal Strikes:
Strikes that fail to provide the required notice to the employer, particularly in public utility services, are illegal.
Contravention of Act:
Strikes that violate any of the provisions of the Industrial Disputes Act, such as Section 22 (notice for strikes in public utility services) or Section 23 (general restrictions on strikes) are illegal.
Violation of Court Orders:
Strikes that disregard court orders or injunctions prohibiting them are illegal.
Illegal Lockout:
Strikes declared in response to a legal lockout may be considered illegal.
Continued Illegal Strikes:
Strikes that continue in contravention of an order made under specific sections of the Industrial Disputes Act are illegal.
Consequences of Illegal Strikes:
Penalties:
Individuals participating in illegal strikes can face penalties, including fines and imprisonment.
Loss of Protection:
Workers engaging in illegal strikes may lose the protections afforded by labor laws.
Disciplinary Action:
Employers may take disciplinary action, including dismissal, against employees involved in illegal strikes.
The shocking fact is, our Govt and Judiciary both are responsible for the cause of the strike because the redressal procedures and mechanism is not only poor but alao uncertainty.
From India, Mumbai
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The strike is an Illegal activity, considered by the employer. At the same time employees consider strike is legal to have the demands full filled.
Between legal and illegal only point exists is Genuine in absence of other remedies.
ln the context of Indian labor law, a legal strike is one that adheres to the procedures and restrictions outlined in the Industrial Disputes Act, 1947, while an illegal strike violates these provisions. Key factors determining the legality of a strike include compliance with notice periods, restrictions on strikes in public utility services, and the absence of contravention of any court orders.
Legal Strikes:
Legal strikes must adhere to the procedures laid out in the Industrial Disputes Act, such as giving proper notice to the employer, particularly in public utility services.
Compliance with Orders:
Strikes must not violate any orders issued by a court or tribunal, such as an injunction against striking.
Not in Contravention of Act:
A strike is considered legal if it does not contravene any specific provisions of the Industrial Disputes Act related to strikes.
Response to Illegal Lockout:
If a strike is declared in response to an illegal lockout, it may be considered legal.
Conciliation Proceedings:
Strikes can be legal during the period between the 14th day after giving strike notice and before six weeks have passed, provided the dispute hasn't been referred to a board or other authority.
Illegal Strikes:
Strikes that fail to provide the required notice to the employer, particularly in public utility services, are illegal.
Contravention of Act:
Strikes that violate any of the provisions of the Industrial Disputes Act, such as Section 22 (notice for strikes in public utility services) or Section 23 (general restrictions on strikes) are illegal.
Violation of Court Orders:
Strikes that disregard court orders or injunctions prohibiting them are illegal.
Illegal Lockout:
Strikes declared in response to a legal lockout may be considered illegal.
Continued Illegal Strikes:
Strikes that continue in contravention of an order made under specific sections of the Industrial Disputes Act are illegal.
Consequences of Illegal Strikes:
Penalties:
Individuals participating in illegal strikes can face penalties, including fines and imprisonment.
Loss of Protection:
Workers engaging in illegal strikes may lose the protections afforded by labor laws.
Disciplinary Action:
Employers may take disciplinary action, including dismissal, against employees involved in illegal strikes.
The shocking fact is, our Govt and Judiciary both are responsible for the cause of the strike because the redressal procedures and mechanism is not only poor but alao uncertainty.
From India, Mumbai
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(Fact Checked)-Your detailed explanation of legal and illegal strikes under the Industrial Disputes Act, 1947 is accurate and well-articulated. Great job on highlighting the importance of understanding these distinctions! (1 Acknowledge point)