Introduction:

Every privilege carries associated obligations. The most powerful rights have a greater number of obligations. Provide employees the right to strike in today's democratic, capitalist, or socialist nations around the world. Yet if this right is abused, it will affect the industry's ability to produce and make money, thus it must only be utilised as a last choice. The nation's economy would ultimately be impacted by this. Currently, the majority of nations, particularly India, are dependent on foreign investment, hence it is essential that nations seeking international investment maintain some safeguards in their respective industrial laws to prevent the abuse of the right to strike.

According to Article 19 of the Indian Constitution, the right to protest is a basic right in that country. However, the right to strike is a legal one, not a fundamental one, and the Industrial Dispute Act of 1947 attaches statutory limitations to this right. Yet, the Indian Constitution does not specifically recognise strikes. On July 7, 1958, the Supreme Court ruled that the right to strike is not a fundamental right, concluding the case of Kameshwar Prasad v. The State of Bihar. Employees of the government do not have the legal or moral right to strike.

Types of Strikes:

Based on the global phenomenon of strikes, there are several different types of strikes that have been experienced, including economic strikes, sympathy strikes, general strikes, sit-down strikes, slow-motion strikes, hunger strikes, and wildcat strikes.
Economic Strike - This type of strike is brought on by demands for increased wages and benefits including bonus payments, housing rent allowances, and transportation allowances.

Sympathy Strikes: During these strikes, unions or employees in one industry join strikes that have already been supported by other unions or employees.

General strikes are actions taken by all unions or members in a state or region to put more political pressure on the government.

Sit-down strikes: In this scenario, employees stage walkouts at their places of employment, refusing to report for duty until their demands are met.

Slow down strike: When employees or unions pressure an industry to meet their demands by limiting or cutting output, they are not going on a complete strike.

A difficult form of strike is a hunger strike, in which workers go on strike without access to food or water in order to voice their concerns. In protest of past-due salaries spanning several months, Kingfisher Airlines staff went on a hunger strike.

Common reasons for strike:

hours of work
working circumstances
Income, incentives, etc.
wages are paid on time.
reduction in wages/salary
Concerning minimum wages
Leave/Holidays
Unhappy with the company's policy
ESI, PF, profit-sharing, etc.
Employee layoffs and establishment closure
anything else.

Laws in the case of Payments of wages during a strike:

a) The Hon'ble Supreme Court stated in Crompton Greaves v. the Workmen that "It is well recognised that in order to give the workers the right to salaries during the time of the strike, the strike must be legitimate as well as justified. If a strike does not contravene any statutory provisions, it is legal. It is also widely accepted that workers who resort to using force, violence, or sabotage while on strike lose their right to receive pay during that time.

b) The Hon'ble Supreme Court took a different stance in the case of Bank of India vs. T.S. Kelawala, ruling that "where the contract, Standing Orders, or service rules/regulations are silent on the subject, the management has the power to deduct wages for absence from duty when the absence is a concerted action on the part of the employees and the absence is not disputed.

Conclusion:

Hence, it can be determined based on the aforementioned observations of the Supreme Court that the use of force should only be used after all other options have failed to resolve the issue. The employer has the authority to take action against the worker or employees who had participated in the strike, nonetheless, if it was illegal and was used to increase bargaining leverage.

It has been noted that government employees in India do not have the freedom to strike because it is not a fundamental right. Given that the right to strike is protected by sections 22, 23, and 24 of the Industrial Disputes Act of 1947, there are several restrictions and regulations on the right to strike under this law.