What is a Strike?

A strike is a collective action taken by a group of workers, often organised by a labour union or worker
association, to stop working in protest against their employer’s policies, working conditions or other
labour-related issues.

Strikes are a way for employees to exert pressure on their employers to address their grievances,
negotiate better terms and improve working conditions.

Strikes can be of various types in Labour Law, including a complete halt to work, a slowdown in work
output, adhering strictly to workplace rules or even occupying the workplace in protest. The success of a
strike depends on factors like how well-organised the striking workers are, public support for their cause
and the bargaining strength of the employer.

While strikes can effectively lead to better working conditions, they can also have downsides for both
workers and employers. They can result in lost wages, disrupted production and harm to a company’s
reputation. Employers may respond to strikes by hiring replacement workers or pursuing legal action
against striking employees.

Definition of Strike

According to Section 2(q) of the Industrial Disputes Act, 1947:

A “go-slow” strike involves workers intentionally slowing down the production process while pretending
to be engaged in their work. This is considered a harmful practice that dissatisfied and disgruntled
workers may resort to. It can be seen as a form of dishonesty because it results in delayed production,
reduced output and often causes machinery to operate at a lower speed, which can be detrimental to
the equipment.

Despite this deliberate slowdown, workers are still entitled to their full wages, benefits and other
conditions of service that they would normally receive. However, management does not achieve the
expected level of production for the salaries they pay in these types of strike.

Token Strike

Token strikes are such types of strike where it is staged as a symbolic protest against specific grievances
that workers have. These strikes are typically of short duration, but they still meet the criteria to be
considered a strike, as defined in section 2(q) of the relevant legislation.

Lightning or Quick Strikes

As the name suggests, lightning or quick type of strikes happen suddenly and swiftly. They are staged
without prior notice, aiming to convey the message of an immediate strike to all workers.
Typically, workers provide notice before going on strike and then follow through with their action.
However, in lightning strikes, workers strike first and then begin negotiations. Since there is no advance
notice given for such strikes, they are considered illegal from the outset.

Sympathetic Strikes

Sympathetic strikes are organised to show support for another union that is already on strike against
their management. In these strikes, the workers do not have grievances of their own; instead, they are
expressing solidarity with another union’s cause.

However, it’s important to note that in this kind of strikes, the management is still required to pay
salaries to workers who do not have their own grievances. These strikes are not justified and are also
illegal, as they do not meet all the criteria outlined in section 2(q) of the Industrial Disputes Act of 1947.

Hunger Strike

A hunger strike is a form of protest in which the striking workers refrain from eating and also stop
working. Mahatma Gandhi’s hunger strike, known as ‘satyagrah,’ aimed to achieve noble goals related
to truth. However, hunger strikes by other workers are typically a means to attain monetary objectives.

It’s important to note that individuals participating in a hunger strike may be liable under section 309 of
the Indian Penal Code, which deals with attempted suicide. Not all strikes lead to penalties, but if the
strikers reach a stage where there is a clear risk of suicide, section 309 may apply.

Work-to-Rule Strike

This is a relatively new kind of strike in Labour Law used by dissatisfied workers to exploit loopholes in
the regulations governing their employment conditions. In a work-to-rule strike, striking employees
adhere strictly to the existing service rules in a way that causes inconvenience to the general public.

They intentionally interpret the rules in a manner that results in public inconvenience rather than
assisting the public, leading to a slowdown in work. Such strikes are typically organised in public utility
services with the objective of indirectly inconveniencing the public to exert pressure on the government
to meet the workers’ demands.

Mass Resignations

Mass resignations are another type of strike in which all the workers employed in an industry
collectively submit their resignations to the management.

This tactic puts significant pressure on the management because accepting all the resignations would
effectively bring the industry to a standstill. The workers use mass resignations to compel the
management to agree to their demands.

Gherao
“Gherao” is a term of vernacular origin and refers to the practice of confining a person to a specific
location where they are not allowed to move freely. It essentially involves physically blocking a target,
which could be a manager, managing director or anyone from the management. During a gherao, the
victim is encircled by workers to prevent them from entering or leaving a particular place, such as a
workshop or factory. This type of strike involves an element of wrongful restraint and wrongful
confinement.

In some cases, gheraos take a troubling turn where the victim is subjected to cruel and inhuman
confinement without basic amenities like water and fans. Sometimes, the victim is even denied food or
the ability to communicate with the outside world. This extreme form of strike may involve physical
abuse, humiliation and a denial of basic human needs. The victim becomes entirely at the mercy of
those conducting the gherao. Gheraos often involve a disregard for the law.

In a legal context, it was discussed in the case of Jay Engineering Works Ltd. and State of West Bengal
and Others, where the origin of the term “gherao” was examined. The judges mentioned that “gherao”
can be found in some Bengali dictionaries and is derived from the Hindi word “ghirao” or even from the
Sanskrit word “ghiri,” which means “to cover or encircle.” In simple terms, “gherao” means encircling a
target and not allowing them to move in any direction.

Conclusion

Types of strike are General Strike, Mass Casual Leave, Go-Slow, Token Strike, Hunger Strike, Mass
Resignations and Gherao. Strikes take various forms, each serving as a means for workers to express
grievances, demand change or protest.

These diverse strategies can disrupt operations, compel negotiations and create a range of legal and
ethical challenges for both workers and management within industrial disputes.