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Ban on strikes

It is the courts that are finally taking the radical decisions in India. In another landmark ruling the Supreme Court stated that Government employees have no right to strike and hold the country to ransom.

bq. Justice Shah, writing for the Bench, said “law on this subject is well settled and it has been repeatedly held by this Court that the employees have no fundamental right to resort to strike.” Extracting a 41-year old constitution Bench Judgement relating to bank employees, the Bench said the apex Court had specifically held that even a very liberal interpretation of constitutional provisions “cannot lead to the conclusion that trade unions have a fundamental right to an effective collective bargaining or to strike, either as part of collective bargaining or otherwise.

It was the Kerala High Court which banned “bandhs”, “smoking in public places”:http://www.hinduonnet.com/2002/02/21/stories/2002022103110600.htm and recently “campus politics”:http://varnam.nationalinterest.in/archives/000109.html. As usual the political parties are scared. Note the following headlines

* SC verdict is unfortunate: Oppn parties
* CPI(M) calls for protest day tomorrow against SC ruling
* Cong reacts cautiously to SC verdict
* Left parties find SC verdict “unacceptable”

This is not a new law which was created, the court was interpreting the Constituition.

[Source: “Outlook”:http://www.outlookindia.com/pti_news.asp?id=158462, “Srijith”:http://www.srijith.net/trinetre/archives/2003/08/06/index.shtml#000357]

8 Responses to Ban on strikes

  1. Srijith August 6, 2003 at 6:49 pm #

    It is really amazing to see the response of the parties involved. Shows their true color.

    I used to have a senior in my school (now in MIT) who used to say that the only correct way to strike and show dissatisfaction was to work extra hard and let yourself and your point be noticed by others.

  2. Sandeep August 6, 2003 at 8:59 pm #

    JK,

    Notice that it is only the Congress and other Leftist parties that are “unhappy” with the Court’s verdict, not the BJP. Whatever its faults, the BJP-led Govt has at least shown spine in taking courageous decisions and implementing them.

    Given their own way, every small and large Congress politician is an Indira Gandhi in the making!

  3. JK August 8, 2003 at 1:21 pm #

    Sandeep, It is the Left Parties that have a lot to lose. They have made destroying property as their single point agenda, all in the name of protecting workers rights. You are right about the BJP taking courageous decisions. Even Jayalalitha is giving some shock treatment to Govt. Employees.

  4. Ashok Kumar September 1, 2003 at 6:47 pm #

    More than three weeks have gone since the verdict. I was waiting for the reactions and I found that many people and parties claimimg themselves to be democratic failed to show slightest respect to the working people’s sentiment for the right of going on striks to press for their demands. It is a sacrosanct right of workering hands and the SC must review its decision and correct its mistakes.
    – Ashok Kumar, Member,editorial board, Samkaleen Lokyuddha, a weekly news magazine from Patna

  5. Ashok Kumar September 1, 2003 at 6:48 pm #

    More than three weeks have gone since the verdict. I was waiting for the reactions and I found that many people and parties claimimg themselves to be democratic failed to show slightest respect to the working people’s sentiment for the right of going on striks to press for their demands. It is a sacrosanct right of workering hands and the SC must review its decision and correct its mistakes.
    – Ashok Kumar, Member,editorial board, Samkaleen Lokyuddha, a weekly news magazine from Patna

  6. JK September 1, 2003 at 8:36 pm #

    Ashok Kumar,

    It is a sacrosanct right of workering hands and the SC must review its decision and correct its mistakes.

    Where in Indian Constitution is it written that it people have the right to hold a country to ransom ?

  7. Varun Muriyanat September 14, 2003 at 10:34 pm #

    Hello everybody ,
    I am an undergraduate student from Kochi.As the part of a dissertation I am conducting an opinion poll regarding

  8. Varun Muriyanat September 14, 2003 at 10:37 pm #

    Hello everybody ,
    I am an undergraduate student from Kochi.As the part of a dissertation I am conducting an opinion poll regarding the ban on campus politics in Kerala.I request everybody out there to post your opinions and make this venture a success.
    Thank you.

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