YSWM Ltd., is a company engaged in the business of manufacturing of polyester yarn. It has nearly 500 workers. There was a news in the TV/Newspaper that on 1st of June 2021, there will be Solar Eclipse. The workers were

CS Professional · Labour Laws & Practice · PYQS · December 2022
YSWM Ltd., is a company engaged in the business of manufacturing of polyester yarn. It has nearly 500 workers. There was a news in the TV/Newspaper that on 1st of June 2021, there will be Solar Eclipse. The workers were of traditional thoughts and strong belief that on the day of Solar Eclipse, no one should move to work place and remain in the home to escape the unwanted happenings on account of this Solar Eclipse. The representatives of the workers discussed the matter with Navneet, the Factory Manager, to declare a holiday on 1st June, 2021. But Navneet denied for declaration of holiday and said that, Solar Eclipses is nothing but a Solar Event and need not to be afraid. However, the workers were not convinced with Navneet's plea and they all decided to remain on casual leave for one day on 1st June, 2021. Whether absence of all the workers on 1st June, 2021, amounts to 'Strike'?

Answer & Explanation:

In terms of Section 2(q) of the Industrial Disputes Act, 1947, '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, of any number of persons who are or have been so employed to continue to work or to accept employment. Strike can take place only when there is a cessation of work or refusal to work by the workmen acting in combination or in a concerted manner. Time factor or duration of the strike is immaterial. The purpose behind the cessation of work is irrelevant in determining whether there is a strike or not. It is enough if the cessation of work is in defiance of the employer's authority. In the given case, all the workers observed one day casual leave on 1st June, 2021, acting in combination and with a common understanding to cease work. This concerted action, even if taken as 'casual leave', amounts to a cessation of work in defiance of the employer's directive (Navneet's denial of holiday). Therefore, as per the given definition, their absence amounts to a 'strike'.

Topics: Industrial Disputes Act, 1947

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