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A

Project Report
On

Strikes
Labour Law

Under the Guidance of: Submitted By:


Mr Virender Negi Siddharth Sharma
Assistant Professor (Law) Roll no. 91/13
9th Semester, Section B

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ACKNOWLEDGEMENT

I express my deepest sense of gratitude to my reverend guide Mr Virender Negi Sir


UILS,PU for his countenance advice, adherent interest and pain taking nature. He spent no pains
in correcting and expertly evaluating my project work.

It is pleasant opportunity to pay my regards and sincere thanks to Sir for his valuable
support, guidance and immediate help whenever I approached him.

SIDDHARTH SHARMA
9th Semester, Section B
UILS, PU

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INDEX

Sr.No. Topic Pg.No.

1 INTRODUCTION 4

Object 5

Methodology 5

Source of Data 5

2 Industrial Disputes 6

2.1 Causes 7

2.2 Consequences of Industrial Dispute 8

3 Strikes 9

3.1 Position in India 11

3.2 Provisions of valid Strike under Industrial Dispute Act, 11


1947
3.3 Notice of Strike 12

3.4 General Provisions of Strike 12

4.0 Illegal Strikes 13

4.1 Consequences of Illegal Strikes 13

5 Conclusion 15

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1.INTRODUCTION
According to Section 2(K) of the Industrial Disputes Act, 1947, and industrial dispute means
any dispute or difference between employers and employees or between employers and
workmen or between workmen and workmen, which is connected with the employment or non-
employment or the terms of employment or with the conditions of labour of any person.
Thus form the legal point of view, industrial dispute does not merely refer to difference between
labour and capital as is generally thought, but it refers to differences that affect groups of
workmen and employers engaged in an industry. Essentially, therefore, the differences of
opinions between employers and workmen in regard to employment, non-employment, terms of
employment or the conditions of labour where the contesting parties are directly and
substantially interested in maintaining their respective contentious constitute the subject-matter
of an industrial dispute.
The causes of industrial conflict or disputes have been much varied. These may be described
partly a psychological or social and partly political, but predominantly economic. There are
many important factors responsible for industrial conflict and poor industrial relations such as
wages , profits , bonuses , retrenchment, working conditions etc. These factors led to the
emergence of dispute among the workers and Employers.
The various forms of dispute constitute Strikes and Lockout out of which Strike is generally
preferred.
Strike means a cessation of work by a body of persons employed in any industry acting in
combination; or a concerted refusal or a refusal under a common understanding or an number of
persons who are or have been so employed to continue to work or to accept employment.
Picketing, Gherao and Bandh Consitute it further.
Picketing is a common tactic used by trade unions during strikes, who will try to prevent
dissident members of the union, members of other unions and non-unionised workers from
working. Those who cross the picket line and work despite the strike are known pejoratively
as scabs.
Gherao means encirclement of the managers to criminally intimidate him to accept the demands
of the workers. It amounts to criminal conspiracy under Section 120-A of the I.P.C. and is not
saved by Sec. 17 of the Trade Unions Act on the grounds of its being a concerted activity.
Bandh, originally a Hindi word meaning "closed", is a form of protest used by political activists
in South Asian countries such as India and Nepal. The expression therefore conveys a idea that
everything is to be blocked or closed. Bandh is distinct and different from a general strike or
hartal.

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OBJECT
The object of carrying out this research work is to study in detail the concept of Picketing,
Gherao and Bandh in India. The Project touches upon the background of these instruments of
economic coercion in the light of the Industrial Dispute. It also accentuates upon the
constitutionality and legality of these with the help of the landmark judgment given by the
Courts in India in various cases.

METHODOLOGY

For carrying out my research work successfully and with authenticity the Research methodology adopted
for the same is doctrinal in manner.

SOURCE OF DATA

Library and Internet are sources for data collection, the former being the prime. Relevant statutes, books,
and research articles have been referred.

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2. INDUSTRIAL DISPUTE
An industrial dispute may be defined as a conflict or difference of opinion between management
and workers on the terms of employment. It is a disagreement between an employer and
employees' representative; usually a trade union, over pay and other working conditions and can
result in industrial actions. When an industrial dispute occurs, both the parties, that is the
management and the workmen, try to pressurize each other. The management may resort to
lockouts while the workers may resort to strikes, picketing or gheraos.

As per Section 2(k) of Industrial Disputes Act,1947, an industrial dispute1 in defined as any
dispute or difference between employers and employers, or between employers and workmen, or
between workmen and which is connected with the employment or non-employment or the terms
of employment or with the conditions of labor2, of any person.
This definition includes all the aspects of a dispute. It, not only includes the disagreement
between employees and employers, but also emphasizes the difference of opinion between
worker and worker. The disputes generally arise on account of poor wage structure or poor
working conditions. This disagreement or difference could be on any matter concerning the
workers individually or collectively. It must be connected with employment or non-employment
or with the conditions of labor.
From the point of view of the employer, an industrial dispute resulting in stoppage of work
means a stoppage of production. This results in increase in the average cost of production since
fixed expenses continue to be incurred. It also leads to a fall in sales and the rate of turnover,
leading to a fall in profits. The employer may also be liable to compensate his customers with
whom he may have contracted for regular supply. Apart from the immediate economic effects,
loss of prestige and credit, alienation of the labor force, and other non-economic, psychological
and social consequences may also arise. Loss due to destruction of property, personal injury and
physical intimidation or inconvenience also arises.

For the employee, an industrial dispute entails loss of income. The regular income by way of
wages and allowance ceases, and great hardship may be caused to the worker and his family.
Employees also suffer from personal injury if they indulge into strikes n picketing; and the
psychological and physical consequences of forced idleness. The threat of loss of employment in
case of failure to settle the dispute advantageously, or the threat of reprisal action by employers
also exists. Prolonged stoppages of work have also an adverse effect on the national productivity,
national income. They cause wastage of national resources. Hatred may be generated resulting in
political unrest and disrupting amicable social/industrial relations or community attitudes.
Thus Industrial disputes are the disputes which arise due to any disagreement in an industrial
relation. The term 'industrial relation' involves various aspects of interactions between the
employer and the employees; among the employees as well as between the employers. Trade

1
The definition of the industrial dispute is taken from an (English) Act 1906(6 Edw VII C47)
2 Madras Gymkhana Club Employees Union v. Gymkhana Club, (1967) 2 LLJ 720,729(SC)

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Union as such are not mentioned as they act on behalf of the workmen only. 3 In such relations
whenever there is a clash of interest, it may result in dissatisfaction for either of the parties
involved and hence lead to industrial disputes or conflicts. These disputes may take various
forms such as protests, strikes, demonstrations, lock-outs, retrenchment, dismissal of workers,
etc. It is a disagreement between an employer and employees' representative; usually a trade
union, over pay and other working conditions and can result in industrial actions. When an
industrial dispute occurs, both the parties, that is the management and the workmen, try to
pressurize each other. The management may resort to lockouts while the workers may resort to
strikes, picketing, etc.

2.1Causes
The various reasons behind an industrial dispute can generally be categorized into economic and
non-economic factors. The different types of economic causes are related to monetary
compensation like salary, wages, allowances, bonus, working hours, working conditions, leave,
medical benefits, holidays without pay, illegal termination, refusal of employment,
retrenchments and unjust layoffs. On the other hand, political factors, sympathetic strikes, ill
treatment by other workers of the company, indiscipline etc. come within the purview of non-
economic factor which often lead to an industrial dispute or a major labour issue.

Economic causes:
The most common causes of industrial disputes are economic causes. These are follows:

Demand for higher Wages: Rise in the cost of living forces the workers to demand more
wages to meet the rising cost of living index and to increase their standards of living.
This brings them into conflict with their employers who are never willing to pay more
wages to workers.
Demand for Allowances and Bonus :Increase in cost of living was the main cause of the
demand of certain allowance allowances such as dearness allowance, house allowance,
medical allowance, night shift allowance, conveyance allowance etc; by the workers to
equate their wages with the rise of prices. Bonus also plays an important role as a cause
of industrial dispute. Both the amount and the method of bonus payment have led to a
number of disputes.
High Industrial Profits: In the changing world, concept of labour has changed
considerably. At the present, employers consider themselves as a partner of the industry
and demand their share in the profits.
Non-economic causes:

Retrenchment and personnel issues :A very nominal 3% of the industrial disputes are
caused by factors like retrenchment and layoffs while 14% of the industrial disputes are
caused by personnel.
Indiscipline and misconducts :One of the leading causes of industrial disputes and labour
problems in the industries is due to misconducts, indiscipline and often violent
behaviours of the workmen towards the company. And unfortunately, this trend of

3 Bangalore W.C. and Mills Co. v. Their Workmen (1968) I LLJ 514 at 518

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indiscipline and misconducts is moving towards an upward graph. Around 50% of the
industrial disputes are direct results of misconducts of the employees/ workers.
Bonus, Working hours and other criteria:Around 7-8% of industrial disputes are due to
demand for bonus. Though slowly, this trend of disputes arising out of demand of bonus
is ever increasing. Moreover, factors like working hours and leave lead to only 1-2% of
industrial disputes.

Miscellaneous causes

Apart from these above mentioned factors, an industry faces problems due to reasons like
problems between two different unions, non-implementation of awards, agreements, violation of
standing orders, service rules, excessive work pressure on the employees, charter of demand,
violation of statutory rules and regulations etc.

2.2 Consequences of Industrial Conflicts:

1. Unrest and unnecessary tensions engulf the hearts and minds of all the people involved
- labourers and senior management.

2. There is economic loss due to conflicts because conflicts may result in strikes and
lock-outs. This causes low or no production resulting in industrial loss.

3. Industrial losses may cause economic depression because many industries are
interlinked. A problem in one industry may drastically affect another industry.

4. The lives of low-level labourers become worse when they are out of work. They may
be the only working members of the family, and their joblessness may lead everyone in
the family to poverty.

5. When industrial conflicts get out of hand, they become a threat to peace and security.
Workers may resort to violence and indulge in sabotage.

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3.0 Strikes
A strike is a very powerful weapon used by trade unions and other labor associations to get
their demands accepted. It generally involves quitting of work by a group of workers for
the purpose of bringing the pressure on their employer so that their demands get accepted.
When workers collectively cease to work in a particular industry, they are said to be on
strike.
According to Industrial Disputes Act 1947, a strike is a cessation of work by a body of
persons employed in an industry acting in combination; or a concerted refusal of any
number of persons who are or have been so employed to continue to work or to accept
employment; or a refusal under a common understanding of any number of such persons to
continue to work or to accept employment4. This definition throws light on a few aspects
of a strike. Firstly, a strike is a referred to as stoppage of work by a group of workers
employed in a particular industry. Secondly, it also includes the refusal of a number of
employees to continue work under their employer.
In a strike, a group of workers agree to stop working to protest against something they think
is unfair where they work. Labors withhold their services in order to pressurize their
employment or government to meet their demands. Demands made by strikers can range
from asking for higher wages or better benefits to seeking changes in the workplace
environment. Strikes sometimes occur so that employers listen more carefully to the workers
and address their problems.
Strikes can occur because of many reasons such as : Dissatisfaction with company policy,
Salary and incentive problems, Increment not up to the mark, Wrongful discharge or
dismissal of workmen, Withdrawal of any concession or privilege, Hours of work and rest
intervals. Leaves with wages and holidays, Bonus, profit sharing, Provident fund and
gratuity, Retrenchment of workmen and closure of establishment, Dispute connected with
minimum wages

Types of Strike
1. Economic Strike: Under this type of strike, labors stop their work to enforce their
economic demands such as wages and bonus. In these kinds of strikes, workers ask
for increase in wages, allowances like traveling allowance, house rent allowance,
dearness allowance, bonus and other facilities such as increase in privilege leave and
casual leave.
2. Sympathetic Strike: When workers of one unit or industry go on strike in sympathy
with workers of another unit or industry who are already on strike, it is called a
sympathetic strike. The members of other unions involve themselves in a strike to
support or express their sympathy with the members of unions who are on strike in
other undertakings. The workers of sugar industry may go on strike in sympathy with
their fellow workers of the textile industry who may already be on strike.
3. General Strike: It means a strike by members of all or most of the unions in a region
or an industry. It may be a strike of all the workers in a particular region of industry
4 Section 2(q ) Industrial Dispute Act, 1947

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to force demands common to all the workers. These strikes are usually intended to
create political pressure on the ruling government, rather than on any one employer.
It may also be an extension of the sympathetic strike to express generalized protest by
the workers.
4. Sit down Strike: In this case, workers do not absent themselves from their place of
work when they are on strike. They keep control over production facilities. But do
not work. Such a strike is also known as 'pen down' or 'tool down' strike. Workers
show up to their place of employment, but they refuse to work. They also refuse to
leave, which makes it very difficult for employer to defy the union and take the
workers' places5. In June 1998, all the Municipal Corporation employees in Punjab
observed a pen down strike to protest against the non-acceptance of their demands by
the state government.
5. Slow Down Strike: Employees remain on their jobs under this type of strike. They do
not stop work, but restrict the rate of output in an organized manner. They adopt go-
slow tactics to put pressure on the employers6.
6. Sick-out (or sick-in): In this strike, all or a significant number of union members call
in sick on the same day. They dont break any rules, because they just use their sick
leave that was allotted to them on the same day. However, the sudden loss of so many
employees all on one day can show the employer just what it would be like if they
really went on strike.
7. Wild cat strikes: These strikes are conducted by workers or employees without the
authority and consent of unions. In 2004, a significant number of advocated went on
wildcat strike at the City Civil Court premises in Bangalore. They were protesting
against some remarks allegedly made against them by an Assistant Commissioner

5 These strikes were first used in the USA and France .They set their foot on the Indian soil in April 1939. The then Congress
Government was hesitated to declare them as illegal. They attracted the attention of the Indian Judiciary in 1952.
6 Bharat Sugar Mills Ltd v. Jai Singh (1961)2 LLJ 644(SC)

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3.1 Position in India

In India, unlike America, right to strike is not expressly recognized by the law. The trade
union Act, 1926 for the first time provided limited right to strike by legalizing certain
activities of a registered trade union in furtherance of a trade dispute which otherwise breach
of common economic law.7 Now days a right to strike is recognized only to limited extent
permissible under the limits laid down by the law itself, as a legitimate weapon of Trade
Unions.

The right to strike in the Indian constitution set up is not absolute right but it flow from the
fundamental right to form union.8 As every other fundamental right is subject to reasonable
restrictions, the same is also the case to form trade unions to give a call to the workers to go
on strike and the state can impose reasonable restrictions. In the All India Bank Employees
Association v. I. T.9, the Supreme Court held,

"the right to strike or right to declare lock out may be controlled or restricted by appropriate
industrial legislation and the validity of such legislation would have to be tested not with
reference to the criteria laid down in clause (4) of article 19 but by totally different
considerations."

Thus, there is a guaranteed fundamental right to form association or Labour unions but there
is no fundamental right to go on strike.10 Under the Industrial Dispute Act, 1947 the ground
and condition are laid down for the legal strike and if those provisions and conditions are not
fulfilled then the strike will be illegal.

3.2 Provision of valid strike under the Industrial Dispute Act, 1947-

Section 2(q) of said Act defines the term strike, it says, "strike" means a cassation of work by
a body of persons employed in any industry acting in combination, or a concerted refusal, or
a refusal, under a common understanding of any number of persons who are or have been so
employed to continue to work or accept employment. Whenever employees want to go on
strike they have to follow the procedure provided by the Act otherwise there strike deemed
to be an illegal strike. Section 22(1) of the industrial

Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person
employed in public utility service shall go on strike in breach of contract:

a. Without giving to employer notice of strike with in six weeks before striking; or
b. Within fourteen days of giving such notice; or
c. Before the expiry of the date of strike specified in any such notice as aforesaid; or
d. During the pendency of any conciliation proceedings before a conciliation officer and

7 Buckingam and Carnatic Co. Case


8 article 19 of the constitution of India.
9 (1961-62) 21 FJR 63.
10 Kameswar v. State of Bihar, 1962 SCR 369

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seven days after the conclusion of such proceedings.

It is to be noted that these provisions do not prohibit the workmen from going on strike but
require them to fulfill the condition before going on strike. Further these provisions apply to
a public utility service only. The Industrial Dispute Act, 1947 does not specifically mention
as to who goes on strike. However, the definition of strike itself suggests that the strikers
must be persons, employed in any industry to do work.

3.3 Notice of strike

Notice to strike within six weeks before striking is not necessary where there is already
lockout in existence. Inmineral Miner Union vs. Kudremukh11 Iron Ore Co. Ltd., it was
held that the provisions of section 22 are mandatory and the date on which the workmen
proposed to go on strike should be specified in the notice. If meanwhile the date of strike
specified in the notice of strike expires, workmen have to give fresh notice. It may be noted
that if a lock out is already in existence and employees want to resort to strike, it is not
necessary to give notice as is otherwise required. In Sadual textile Mills v. Their
workmen12 certain workmen struck work as a protest against the lay-off and the transfer of
some workmen from one shift to another without giving four days notice as required by
standing order 23. On these grounds a question arose whether the strike was justified. The
industrial tribunal answered in affirmative. Against this a writ petition was preferred in the
High Court of Rajasthen. Reversing the decision of the Tribunal Justice Wanchoo observed:

"We are of opinion that what is generally known as a lightning strike like this take place
without notice. And each worker striking .(is) guilty of misconduct under the standing
orders and liable to be summarily dismissed(as) the strike cannot be justified at all. "

3.4 General prohibition of strike-

The provisions of section 23 are general in nature. It imposes general restrications on


declaring strike in breach of contract in the both public as well as non- public utility services
in the following circumstances mainly: -

a. During the pendency of conciliation proceedings before a board and till the expiry of
7 days after the conclusion of such proceedings;
b. During the pendency and 2 months after the conclusion of proceedings before a
Labour court, Tribunal or National Tribunal;
c. During the pendency and 2 months after the conclusion of arbitrator, when a
notification has been issued under sub- section 3 (a) of section 10 A;
d. During any period in which a settlement or award is in operation in respect of any of
the matter covered by the settlement or award.

The principal object of this section seems to ensure a peaceful atmosphere to enable a

11 (1989) 1 Lab LJ 227 (Karn).


12 (1958) 2 L.L.J. 628 Rajasthen

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conciliation or adjudication or arbitration proceeding to go on smoothly. This section
because of its general nature of prohibition covers all strikes irrespective of the subject
matter of the dispute pending before the authorities. It is noteworthy that a conciliation
proceedings before a conciliation officer is no bar to strike under section 23.

In the Ballarpur Collieries Co. v. H. Merchant13 it was held that where in a pending
reference neither the employer nor the workmen were taking any part, it was held that
section 23 has no application to the strike declared during the pendency of such reference.

4.0 Illegal Strike-

Section 24 provides that a strike in contravention of section 22 and 23 is illegal. This section
is reproduced below:

1. A strike or a lockout shall be illegal if,


i. It is commenced or declared in contravention of section 22 or section 23; or
ii. It is continued on contravention of an order made under sub section (3) of
section 10 or sub section (4-A) of section 10-A.
2. Where a strike or lockout in pursuance of an industrial dispute has already
commenced and is in existence all the time of the reference of the dispute to a board,
an arbitrator, a Labour court, Tribunal or National Tribunal, the continuance of such
strike or lockout shall not be deemed to be illegal;, provided that such strike or
lockout was not at its commencement in contravention of the provision of this Act or
the continuance thereof was not prohibited under sub section (3) of section 10 or sub
section (4-A) of 10-A.
3. A strike declared in the consequence of an illegal lockout shall not be deemed to be
illegal.

4.1 Consequence of illegal Strike-

4.1.1 Dismissal of workmen-

In M/S Burn & Co. Ltd. V, Their Workmen14, it was laid down that mere participation in
the strike would not justify suspension or dismissal of workmen. Where the strike was illegal
the Supreme Court held that in case of illegal strike the only question of practical importance
would be the quantum or kind of punishment. To decide the quantum of punishment a clear
distinction has to be made between violent strikers and peaceful strikers.15

13 (1967) 2 LLJ 201 Pat.

14 AIR 1959 SC 529.

15 . Indian General Navigation and Railway Co. Ltd. V. Their Workmen, AIR 1960SC 219.

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In Punjab National Bank v. Their Employees16, it was held that in the case of strike, the
employer might bar the entry of the strikers within the premises by adopting effective and
legitimate method in that behalf. He may call upon employees to vacate, and, on their refusal
to do so, take due steps to suspend them from employment, proceed to hold proper inquires
according to the standing order and pass proper orders against them subject to the relevant
provisions of the Act.

4.1.2 Wages-

In Cropton Greaves Ltd. v. Workmen,17 it was held that in order to entitle the workmen to
wages for the period of strike, the strike should be legal and justified. A strike is legal if it
does not violate any provision of the statute. It cannot be said to be unjustified unless the
reasons for it are entirely perverse or unreasonable. Whether particular strike is justified or
not is a question of fact, which has to be judged in the light of the fact and circumstances of
each case. The use of force, coercion, violence or acts of sabotage resorted to by the
workmen during the strike period which was legal and justified would disentitle them to
wages for strike period.

The constitutional bench in Syndicate Bank v. K. Umesh Nayak18 decided the matter, the
Supreme Court held that a strike may be illegal if it contravenes the provision of section 22,
23 or 24 of the Act or of any other law or the terms of employment depending upon the facts
of each case. Similarly, a strike may be justified or unjustified depending upon several
factors such as the service conditions of the workmen, the nature of demands of the
workmen, the cause led to strike, the urgency of the cause or demands of the workmen, the
reasons for not resorting to the dispute resolving machinery provided by the Act or the
contract of employment or the service rules provided for a machinery to resolve the dispute,
resort to strike or lock-out as a direct is prima facie unjustified. This is, particularly so when
the provisions of the law or the contract or the service rules in that behalf are breached. For
then, the action is also illegal.

4.2 Right of employer to compensation for loss caused by illegal strike-

In Rothas Industries v. Its Union19, the Supreme Court held that the remedy for illegal
strike has to be sought exclusively in section 26 of the Act. The award granting
compensation to employer for loss of business though illegal strike is illegal because such
compensation is not a dispute within the meaning of section 2(k) of the Act.

16 AIR 1960 SC 160


17 (1978)3 SCC 155
18 AIR 1994 SC 319
19 AIR 1976 SC 425

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5.0 Conclusion

The right to strike is not fundamental or absolute right in India in any special and common
law, Whether any undertaking is industry or not. This is a conditional or qualified right only
available after certain pre-condition are fulfilled. If the constitution maker had intended to
confer on the citizen as a fundamental right the right to go on strike, they should have
expressly said so. On the basis of the assumption that the right to go on strike has not
expressly been conferred under the Article 19(1) (c) of the Constitution. Further his Lordship
also referred to the observation in Corpus Juris Secundum14 that the right to strike is a
relative right which can be exercised with due regard to the rights of others. Neither the
common law nor the fourteenth Amendment to the federal constitution confers an absolute
right to strike.15 it was held in the case that the strike as a weapon has to be used sparingly
for redressal of urgent and pressing grievances when no means are available or when
available means have failed to resolve it. It has to be resorted to, to compel the other party to
the dispute to see the justness of the demand. It is not to be utilized to work hardship to the
society at large so as to strengthen the bargaining power. Every dispute between an employer
and employee has to take into consideration the third dimension, viz. the interest of the
society as whole.16 Recently Supreme Court held that if the strike is illegal then the employer
have right to take action against the workers or employees who had taken part in the strike.

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6.0 BIBLIOGRAPHY
1. PRIMARY SOURCES

1.1 LEGISLATION
The Industrial Dispute Act,1947

2. SECONDARY SOURCES

2.1 BOOKS
Dr.. B.D. Singh,Industrial Relations and Labour Laws,2008
.Radhakrishnaiah P.M., Industrial Dispute Act 1947,16th Edition , 2011,
Asia Law House, Hyderabad
Dr. Sanjeev Kumar,Industrial and Labour Laws,2nd Edition,2004
Dr. Avtar Singh and Dr. Harpreet Kaur, Introduction to Labour and
Industrial Laws,2nd Edition ,2008
Prof. S.N. Mishra, Labour and Industrial Laws,26th Edition,2011, Central
Law Publications
Kumar H.L., Labour Problems and Remedies,10th Edition 2012, Universal
Law Publishing Co. Pvt Ltd, New Delhi
Puri S.D., Labour Laws for Everday Made Easy,4th Edition 2012,Snow
White Publications Pvt Ltd.
Srivastava S.C.,Industrial Relations and Labour Laws,5th
Edition,2010,Vikas Publishing House Pvt Ltd, New Delhi.

2.2 CASES
Bangalore W.C. and Mills Co. v. Their Workmen (1968) I LLJ 514 at 51
Madras Gymkhana Club Employees Union v. Gymkhana Club, (1967) 2
LLJ 720,729(SC)
Bharat Sugar Mills Ltd v. Jai Singh (1961)2 LLJ 644(SC)
Damodar Ganesh v. State AIR(1951)Bom.459
Jay Engineering Works v. State of West Bengal,AIR 1968 Cal 407
Bharat Kumar K. Palicha v. State of Kerala , AIR (1997) Ker.291 at 295.
T.K. Rangarajan vs. State of Tamil Nadu (2003),
U.C.O Bank v. Rajinder Lal Kapoor, (2007)4 SCC474
Bhola Sah And Ors. Etc. vs The State Of Bihar And Ors.,AIR 1999Pat 169
Narok.C.C.v.Transmara C.C.,1999 LLR 24
Jagdish Chandra v. Corporation of Calcutta, AIR(1968) Calcutta 407
Raj Narain v. State , AIR(1961) Madras 531
Vimal Kishore Mehrotra v. State of U.P., AIR (1956) Allahabad 56.
Bodi Alam And Anr. vs State Of Bihar And Ors, AIR(1951)Bom.459
Rajadhyaksha Zikar vs State,AIR 1951 Bomb.459

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2.3 ARTICLES
J.C.Johari, Gherao,A Pernicious techniques of Agitational Politics inIndia,
in Journal of Constitutional and Parliamentary Studies, New Delhi,
Vol.IV,No.2(1970),pp,231-232
G.L. Bannerjee, Gherao,p.50
S.C.Kashyap, The Politics of Defection,p.344
Frankfurter and Greene ,Labour Injuntion,(1930)

2.4 WEBSITES
http://www.ebc-india.com/lawyer/articles
www.lawcommissionofindia.nic.in/
www.legalservicesindia.com/
www.manupatra.com/

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