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

3867 Words Jan 2nd, 2013 16 Pages

Exceptions to the Right to Strike

Table of Contents TABLE OF CASES 2 TABLE OF STATUTES 2 Introduction: 3 Research methodology: 4 What is the right to strike and why do we need it? 5 Exceptions: 6 Case review 7 Issues: 7 Analysis: 8 Conclusion 11 Bibliography 13

1. Communist Party of India (M) v. Bharat Kumar, (1998) 1 SCC 201, (Supreme Court of India). 2. Ex- Capt. Harish Uppal v. The Union of India, (2003) 2 SCC 45, Supreme Court of India. 3. Raghubar v. Union of India, AIR 1962 SC 263, 270 (Supreme Court of India). 4. See B.L. Wadehra (Dr) v. State (NCT of Delhi), 9 AIR 2000 Del 266. 5. T.K. Rangarajan v. Government of Tamil
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Three different categories of strike have been defined by the International Labour Organisation (hereinafter “ILO”): 1. Occupational: These strikes are called to make improvements among the existing working conditions of the workers. 2. Trade Union: A trade union is defined as a group of workers in an industry, who come together to protect their rights and uphold specific interests (such as labour standards and social protection) before the employers. A trade union strike provides a means to the workers of effectively demonstrating to the employer the urgency of fulfilling their demands. 3. Political Strikes: Political strikes can be understood as the strikes imposed with a political motive, for instance, bandhs called by political parties, etc. Generally, such strikes are not included within the ambit of the right to freedom of association.
Despite the acknowledgement of the right to strike in the international community, it cannot be said that this right is universal. Certain categories of workers are denied this basic right based on the importance of their service to the public at large. These “essential services” include professions without which the life and safety of society at large would be threatened, for instance, hospital, electricity etc. It is believed that these services are so important that the right of strike for the workers working in

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