Critically analyse, is there any right to strike?

Article 19(1)(c) of the Constitution of India guarantees freedom to form associations and unions, though reasonable restrictions on the freedom may be imposed in the interest of integrity and sovereignty of India, public order and morality. The right to strike in the Indian constitution set up is not absolute right but it flow from the fundamental right to form union enshrined under Article 19(1) of the Constitution. 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 case of All India Bank Employees Association v. I. T. , the Supreme Court held that "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. Under the Industrial Disputes Act, 1947 the grounds and conditions are laid down for the legal strike and if those provisions and conditions are not fulfilled then the strike will be illegal. In the case of T K Rangarajan v. State of Tamilnadu , Supreme Court held that no fundamental right exists with the Government employees to go on strike. The Trade Unions Act, 1926 provides immunity to the members or office bearers of a registered trade union from civil and criminal actions against certain acts, provided such acts are necessary in carrying out the lawful objectives of the trade union. The immunities provided in the Act provided limited right to strike provided the activities are done in furtherance of trade dispute. It was held in the case of Shri Ram A Vilas Service Ltd. v. Simson Group Companies Workers Union that so long as the strike does not indulge into acts unlawfully, tortuous court will not interfere with this legitimate right of the labour. In the case of B. R. Singh v. Union of India (B.R Singh v. Union of India, (1989) 4 SCC 710) the court has recognized "strike" as a mode of redress for resolving the grievances of workers. Conclusion Right to strike is not a fundamental right guaranteed by the Indian Constitution. Right to strike is a statutory right recognized under the Industrial Dispute Acts, 1947 and the Trade Unions Act, 1926.