Definition Of Strike and its Essential and Kinds of Strike

Definition Of Strike and its Essential and Kinds of Strike 

Section 2 (q) of Industrial Disputes Act 1947 defines 'Strike'.

'Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment."

Essential of 'strike' as given in its definition are ;

1. A stoppage of work;
2. Such stoppage of work by body of persons employed in any industry;
3. Stoppage of work mast by more than one person;
4. Or a strong refusal, or a refusal under common understanding, to work or to accept employment,
5. Such refusal mast be by persons who are employed or who have been employed.
6. Such stoppage of work, refusal to work or to accept employment must be temporary and not permanent.

A strike means stoppage of work by warkmen as an organized protest in order to try and obtain certain concession from there employer. Cessation of work by workmen must be in order to obtain certain concessions to them from their employee.

Kinds of strikes :

Strikes cannot be classified in different types. All strikes must have all the ingredients mentioned above. Differences can only be in carrying out the essentials of strike. Strike according to its intensity and duration can be classified in the following manner :

1. Where the stoppage of work is but limited to particular time the strike is known as Alternative Day Strike, Sunday Strike, Running Sore Strike.
2. Where the stoppage of work is partial the strike is known as Slowdown strike, Tokken strike, Pen down strike, Tool down strike, Folded arm strike or Lie down strike, Work to rule etc.
3. Sympathetic Strike : Where workers of one establishment go on strike in support of striking workmen of another establishment, the strike is known as 'Sympathetic Strike'.
4. Lightning Strike : The workman first without any announcement commence strike and then the dispute is discussed with employer. Such strikes are legal except in case of public utilities services.
5. Hunger Strike : In hunger strike a group of workmen resort to fasting on or near the place of work or the residence of the employer with a view to coerce the employer to accept their demands.
6. Work to rule : The employees in case of "work to rule" strictly adhere to the rules while performing their duties which ordinary they do not observe. Thus strict observance of rules results in slowing down the tempo of work, causes inconvenience to the public and embarrassment to the employer. It is no strike because there is no stoppage of work at all.
7. Stay-in-Strike : A 'Stay-in-Strike' is also known as 'tool-down-strike or 'pens-down-strike'.  It is that from of strike where the workmen report to there duties, occupy the premises but do not work. The employer is thus pevented from employing other labour to carry on his business. Where dismissed workmen were staying on premises and refused to leave them it was held not to amount to stay in strike but an offence of criminal trespass (Mysore Machinery Manufactures v. State, AIR 1966). The presence of excited liver in the factory is a great threat and danger. The Supreme Court has held that refusal under common understanding to continue to work is a strike and if in pursuance of such common understanding the employees entered the premises of the Bank and refused to take their pens in their hands that would no doubt be a strike under Section 2(q) [Punjab National Bank Ltd. v. Their Workmen, AIR 1960]. 

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