Volume : V, Issue : VI, June - 2016

RIGHT TO STRIKE AND THE SUPREME COURT

Dr. P. Venkataramana

Abstract :

 This paper attempt, an analysis of the every right comes with its own duties. Most powerful rights have more duties attached to them. Today, in each country of globe whether it is democratic, capitalist, socialist, give right to strike to the workers. But this right must be the weapon of last resort because if this right is misused, it will create a problem in the production and financial profit of the industry. This would ultimately affect the economy of the country. Today, most of the countries, especially India, are dependent upon foreign investment and under these circumstances it is necessary that countries who seeks foreign investment must keep some safeguard in their respective industrial laws so that there will be no misuse of right of strike. In India, right to protest is a fundamental right under Article 19 of the Constitution of India. But right to strike is not a fundamental right but a legal right and with this right statutory restriction is attached in the Industrial Dispute Act, 1947. T.K. Rangarajan v. Government of Tamilnadu and Others , Justice M.B. Shah, speaking for a Bench of the Supreme Court consisting of himself and Justice A.R. Lakshmanan, said, “Now coming to the question of right to strike – in our view no such right exists with the government employee”.

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Article: Download PDF   DOI : 10.36106/ijsr  

Cite This Article:

Dr. P.VENKATARAMANA RIGHT TO STRIKE AND THE SUPREME COURT International Journal of Scientific Research, Vol : 5, Issue : 6 JUNE 2016


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