Right of Lawyers to Strike in India: Ex Captain Harish Uppal V. Union of India

State of New South Wales v Lepore [2003] 212 CLR 511, 536 per Gleeson CJ.

A strike is a collective decision of the union members not to work until certain demands or conditions are met (Noe, 2003). If the majority of the union members vote to strike, the union will strike. Most strikes usually have union employees not show up to work to perform his/her day-to-day duties but rather have the union employees picket outside the organization. While the union employee is on strike, the employer does not pay the employee his/her wage. In many strikes, the unions help the employees compensate their wages while they are on strike. The purpose of a strike is to make the employer lose production because the regular employee 's do not show up to work. The vast majority of labor-management negotiations do not result in a strike, and the number of strikes has plunged since the 1950s (Noe, 2003).

be described. Jurisdictional requirements for this case as well as the reasons why it was heard at

Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:

Strikes are on the rise as protests for better working conditions continue. One of the many goals of the protesters

The idea of striking suggests that strikes punish the rich because it stops production and it is campaigning to congress that puts on stress. Strikes become a form of restriction for businesses and the rich by preventing the wealthy from being successful; without workers the businesses can not succeed. Samuel Gompers introduces the belief of the need to sacrifice for change which is that the workers are willing to stop working for their rights of better conditions, which can impact their

Strikes were what workers organized to try and get out of the different situation they were in. The concept of strikes in general is simple— unity is power. Following the same concept, workers organized unions which lobbied for their rights and tried to make sure that the employment conditions for workers throughout the country were acceptable and fair. Knights of Labor was the first major national organization dedicated to protecting the interests not only of workers but also farmers. Membership of the Knights of Labor, however, declined after the Haymarket Affair, which was previously discussed.

Strikers played a more transformative role during the progressive era. The strikers were the face of grievances facing workers. They gathered and fought for the rights they thought they deserved. They were able to accomplish demands that had plagued their lives for years. Without the use of striking or unionized assemblies, a push for rights would have been lost in the aggressive and influential employers. The reformers and push to give workers’ rights came about from the loud voice of strikes. The Anthracite Industry is one such unionized group that transformed the work of miners. The Shirtwaist factory workers is another group of strikers that helps prove that strikers played a more transformative role. These two groups embody the spirit of transformation towards a better working life.

As an excuse to pocket more money, many business owners saw striking as a sign of supporting communism due to the Red Scare. Along with this, strikes were forbidden as everyone had to put the war effort in front of all other personal goals and complaints.

In Chau v DPP (1995) 3 NSWLR 639 ALR 430; 82 A Crim R 339 (CA), Gleeson CJ

The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and

A union is an organised group of workers whose aim is to protect their members and improve their employment conditions. The Australian Bureau of Statistics found that in August 2012, 20% of full time employees and 14% of part time employees were members of unions. Although this data shows a decrease in union membership over the last decade or so, the unions are still a very important part of the workplace.

To critically evaluate the impact of the cases R v Bugmy and R v Munda on the existing case law.

A bench of the Supreme Court has in Bankura Municipality v. Lalji Raja and Sons[2] held that:

Prior to the arrival of unions in the workplace, conditions were considered unsafe and workers continuously moaned about poor wages and benefits. Unions pursued to improve the working conditions for members through fair and reasonable wages, quality healthcare and benefits; and safe working conditions and quality of life. The union represented the workers and through a collective bargaining process negotiated the interests of the workers. Collective bargaining helps work through tribulations with the organization. Collective bargaining is the process between employers and employees to reach an agreement regarding the rights and responsibilities of employees. This tool used to come to a collective agreement which concentrates on different things such as employees working hours, their pay their rights, rules and details of how to participate in company affairs. (Lewin, 2012)