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Case Analysis: T.K. Rangarajan V. Government Of Tamil Nadu And Ors (AIR 2003 SC 1257)




Rahul Naskar, Vivekananda Institute of Professional Studies, Affiliated to Guru Gobind Singh Indraprastha University, New Delhi

INTRODUCTION

For a long time, the word “strike” was used by workers and employees to compel compliance with demands made on an employer. A strike is a disagreement or dispute between an employer and his employees/workers. Owing to this dispute the between the parties and the use by labour of the weapon of collective refusal to continue working as a means of pressuring the employer to settle their issues. This right to bring the employer to the table of negotiation became recognized as a legal right/entitlement of the working class. In the hands of workers, the strike was a powerful weapon, effective in an oppressive circumstance.

The term “strike” is defined in Section 2(q)1 as “the cessation of work by employees in any industry, or the refusal under common understanding.” A ‘pen down’ strike by clerical staff, a ‘tool down’ strike by industrial workers, and a stay in or sit down strike by a group of employees who enter the premises but do not leave the place of work are all examples of strike scenarios as have been recognised by the court of India and foreign court in some circumstances. Other sorts of strikes, such as ‘go slow’ and ‘work to rule,’ do not fall within the definition of a strike since no work is technically thwarted in either of these instances. There is no need to hold official meetings in order to strike. It may be inferred from comparable actions and behaviours.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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