The Right to strike is a __________.
Legal right
Option 2 — Legal right is correct.
In India the right to strike is not a fundamental right guaranteed by the Constitution. The Supreme Court, in cases such as All India Bank Employees' Association v. National Industrial Tribunal (1962) and later T.K. Rangarajan v. State of Tamil Nadu (2003), held that while the freedom to form unions under Article 19(1)(c) is fundamental, the right to strike is only a statutory (legal) right flowing from the Industrial Disputes Act, 1947.
The Act regulates strikes through Sections 22, 23 and 24, prescribing notice periods, prohibited circumstances and the distinction between legal and illegal strikes. Because the right exists by virtue of a statute and is hedged with these conditions, it is classified as a legal right rather than a constitutional guarantee.
Why the other options are wrong: It is not a fundamental right (option 1), nor is it found in the Directive Principles (option 3), and calling it a vague social right (option 4) does not describe its true statutory basis.
Takeaway: workers may strike only within the limits the Industrial Disputes Act permits — it is a legal, not fundamental, right.
Similar Questions
In Collective Bargaining, an ‘impasse’ refers to :
Which of the following perceive pluralistic approach to Industrial Relation :
A. Work place conflict is seen as a temporary aberration, resulting from poor management, from employees who don’t mix with organisation’s culture.
B. Trade Unions as legitimate representatives of employees interest.
C. Stability in industrial relations as the product of concession and compromises between management and union.
D. Organisations as coalitions of competing interest, where the management role is to mediate amongst the different interest groups.
E. Conflict arises not just because of competing interests within the organisation but because of division within the society between those who own resources and those who have only labour to offer.
Choose the correct answer from the options given below :
What is the belief among pluralists regarding conflict in organisation?
Which of the following are settlement machineries of industrial disputes under Industrial Disputes Act, 1947?
A. Works Committee
B. Collective Bargaining
C. Conciliation
D. Adjudication
E. Voluntary Arbitration
Choose the correct answer from the options given below:
Match the List-I with List-II
LIST I
Forms of StrikesLIST II
Appropriate MeaningA. Economic strike I. A strike aimed at protesting illegal conduct by the employer. B. Unfair labour practice strike II. A strike that results from a failure to agree on the terms of a contract that involves wages, benefits and other conditions of employment. C. Wild cat strike III. A strike that takes place when one union strikes in support of the strike of another. D. Sympathy strike IV. An unauthorized strike occurring during the term of a contract. Choose the correct answer from the options given below:
Which one of the following is a facility to file anonymous complaints ?
Which of the following are tripartite bodies ?
(a) Indian Labour Conference
(b) Standing Labour Committee
(c) State Level Advisory Boards
Code :
Which one of the following represents a system where by an employer regularly deducts a portion of employee's wage to pay subscription fee of trade union ?
Consider the following elements :
(a) Actors
(b) Inputs
(c) Context
(d) Output
(e) Ideology
Which of these are not the elements of John T. Dunlop's Framework of Industrial Relations System ?
With respect to collective bargaining match the items in List - I with those in List - II, using the codes at the end of the items.
List - I List - II (a) Win - Lose (i) Winning is everything (b) Lose - Win (ii) Nothing for nothing (c) Lose - Lose (iii) Everything for everything (d) Win - Win (iv) Relationship is paramount Code :
Important Questions from Collective bargaining and workers’ participation in management
Through which one of the following influences of workers’ participation in management regarding ‘safety and welfare and work-related’ issues are resolved?
Assertion A: Workers participation in management is involvement of workers only in such areas of activities of the enterprises where they can make some positive contribution.
Reasoning R: Workers may not be competent enough to understand and appreciate the managerial aspects of the enterprise.
- Which one of the following is not a function of plant council ?
- Which one of the following industrial relations approach believes in state intervention via legislation and the creation of industrial tribunals as supporting management's interest rather than ensuring a balance between the competing groups ?
- What is the term coined for the system of communication and consultation, either formal or informal, by which workers of an organization are kept informed, as and when required, about the affairs of the undertaking and through which they express their opinion and contribute to decision-making process of management ?
