The employees employed in an Airline Industry gave notice of strike stating that they would go on strike dated 1st December, 2018. In fact, they struck the work before the said date. Is the strike illegal? Discuss.

CS Professional · Labour Laws & Practice · PYQS · June 2021
The employees employed in an Airline Industry gave notice of strike stating that they would go on strike dated 1st December, 2018. In fact, they struck the work before the said date. Is the strike illegal? Discuss.

Answer & Explanation:

Yes, the strike is illegal. As per Section 22 of Industrial Dispute Act 1947 , no person employed in a public utility service shall go on strike in breach of contract - without giving to the employer notice of strike, as herein- after provided, within six weeks before striking; or within fourteen days of giving such notice; or before the expiry of the date of strike specified in any such notice as aforesaid; or during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. Section 24 of the Industrial Disputes Act, 1947 , lays down that, a strike shall be illegal if, it is commenced or declared in contravention of Section 22 or Section 23. The strike shall be illegal if, it is commenced or continued in public utility service like the Airlines, within fourteen days of giving such notice of strike. In this case, the workmen struck before the expiry of the date of strike specified in the notice which is in contravention of sub-section (c) of Section 22 of the Industrial Disputes Act, 1947. Therefore, the strike is illegal.

Topics: Industrial Disputes Act, 1947

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