Strike-Meaning, Ingrdeients, Types of strikes

in Working

Legislation:

The defininition of a strike in this clause, is the same as it as it was in Section. 2(1) of the repealed Trade Disputes Act, 1929. It has since not undergone any amendment. Chapter V deals with strikes and lockouts. Sections. 10(3), 10(4A), 22 and 23 prohibit the continuance and commencement of strikes in certain circumstances and Section. 24 renders the strikes commenced or continued in contravention of these prohibitions, illegal; Section. 25 prohibits financial aid to illegal strikes and lockouts and Section. 26 provides for a penalty for illegal strikes and lockouts, Section. 27 prescribes the penalty for instigation of strikes and lockouts and Section. 28 prescribes the penalty for giving financial aid to illegal strikes and lockouts.

Judicial Definitions:

In England, various judicial definitions have been attempted by courts, the most accepted and precise of which is as expounded by Hannen J, in Farrer Vs. Close. He defined 'strikes' as a simultaneous cessation of work on the part of the workmen.

In the United States of America, a fairly comprehensive definition has been given in Uden Vs. Schaeffer, 110 Wash. 391 in the following words:

"A strike is the act of quitting work by a body of workmen, for the purpose of coercing their employer to accede to some demands they have made upon him, and which he has refused; but it is not a strike for workmen to quit work, either singly or in a body, when they quitted without intention to return to work, whatever may be the reason that moves them so to do." 

ORDINARY MEANING OF STRIKE:

A concerted refusal to work on the part of men, who are accustomed to work in a particular vocational area; more shortly, 'ceasing work or downing tools' [Australian Commonwealth Shipping Board Vs.

Federated Seamen's Union 35 CLR 462, 483., per Higgins J.] seems to be the ordinary meaning of the term 'strike'. The dictionary definitions are not wholly in accord with one another. For instance, the Oxford dictionary defines the noun 'strike' as a 'concerted cessation of work on the part of a body of workers, for the purpose of obtaining some concession from the employer or employers', though in defining the verb 'strike', it omits any reference to the purpose; the Webster's dictionary defines the noun 'strike' as 'the act of quitting work, done by a mutual understanding by a body of workmen, as a means of enforcing compliance with demands made on their employer; a stopping of work by workmen, in order to obtain or resist a change in conditions of employment'. The Encyclopaedia of Social Sciences defines a 'strike' as a 'concerted suspension of work by a body of employees;

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This article was published on 2011/04/22