PROJECT SUBMITTED IN PARTIAL FULFILMENT OF

REQUIREMENTS B.B.A., LL.B. (Hons.)

TOPIC:

Against: Strikes should be banned in India

SUBMITTED BY:

Mihir Mehra

A054

OPPOSITION REPRESENTATIVE:

Surya Ramesh

SUBMITTED TO:

Prof. Rakesh Nambiar

INTRODUCTION:
A refusal to work organized by a body of employees as a form of protest, typically in an
attempt to gain a concession or concessions from their employer is called as strike. Strike is a
main source for common people in order to achieve their demand. It makes the company’s
head to revive their strategy and make the working conditions better. It also makes the
government understand that the policies implemented are not beneficial to the common
people which should be changed or modified as per their needs. With the help of strike no
person can dominate the other person in any form of conduct or activity. In a democratic
country like India this strike help them to avail their basic rights. Strikes occur in both public
as well as private sector. The industries should give equal justice to their trade unions,
employees and other workers as they are working with an intention of a common goal.
Without strike India would have never attained freedom. Strike can be in both the ways
Destructive or Peaceful. It depends on the people mindset on how they are disappointed with
the ongoing aspect and how they want to curtail them. Strikes first occurred in the mid-19th
century, and have characterised many historically important strikes in various different
countries. The lists are as follow:
In PORTUGAL, a general strike has been called by the federation of public labour unions to
avert austerity measures.
In HONDRAS, a general strike has been called by Union workers, farmers and other
organisations demanding better education, an increase in the minimum wage and against fuel
price hikes.
In YEMEN, a general strike has been called by protesters to protest the presidency of that
country.
In ALGERIA, public sector workers have mounted a general strike for higher wages and
improved working conditions.
PRAMANAS:

ANUMANA: This is the source of evidence that I have used. Literally translated the
word anumana means ‘knowing after’. It means the method by which knowledge is
derived from another knowledge. It is an indirect, mediate knowledge. We have
knowledge of an invariable relationship between two things and on that basis while
seeing one we deduce the presence the other. Thus anumana refers to the logical
process of gaining knowledge. The knowledge thus gained is called inferential knowledge
or the logical deduction. The nearest word to anumana is inference. We say it is nearest
word simply because of a slight difference between the exact process of logical deduction
in Eastern thought as compared to the Western system of logical deduction.
ARGUMENTS:

1. Strike act as a SHIELD for the people to protect themselves. People have a feeling of
security in their mind that there is always a remedy of their problems. They have a
feeling of satisfaction amongst them.
2. Banning of strikes will not be a wise decision as they are the medium of
communication for a large pool of employees, particularly labourers, wage earners
and other sections of employees who don't have a large influential power on
management. Thus trade unions are helpful in putting their demands like hike in
wages, leave issues, hire and fire directly to the management. As the industrialization
is increasing, organizations are increasing in size, therefore it’s not possible for
management to approach each and every employee to solve their grievances and
therefore trade unions are suitable platforms for such people.
3. India is a democracy!! And our Constitution gives us the right to freedom of
expression. So, in general, to ban strikes would not be correct. India has a large
population. And since a large population will have all kinds of people, sometimes
such things are bound to be misused. So just because some people misuse it, others
cannot be denied their basic rights.
4. If there are no strikes then the workers would be forced to switch to some another job.
Workers have specific skills and relationships formed over the course of their careers
to carry out what they do, and they can’t just get identical jobs elsewhere at the drop
of a hat.
5. Places where there are no strong labour unions there the workers are often exploited.
Due to weak union their demands are not heard or given any kind of importance.
Workers are forced to accept the wages or commands of the higher authority. The
workers can just crib but they cannot precede any action against them.
6. Strike enables that the living and the working condition of the people who are
conducting strike are maintained in that particular STATE or that particular
COUNTRY.
COUNTER ARGUMENTS:

1. Rather than damaging the economic growth of our country it strengthens the
economic position of the common people who are afraid to raise their voice against
the higher authority which ultimately leads to economic growth of the country. If their
reasonable rights are fulfilled neither the strikes would happen nor the investors will
feel insecurity on pulling out the investments.
2. If there is a ruling party in a democratic country then there has to be an opposition
party for it. If the decisions taken by the ruling party is incapable to meet the needs of
the people then definitely there has to be agitation against it. Political party doesn’t
motivate them but they help them by providing basic necessities that people require to
conduct strike.
3. No strike can cause loss to workers for indefinite period. Strikes are always conducted
within a definite period. People are already suffering from low wages. Due to
inflation the remuneration that they are getting is insufficient for their family needs.
So rather than sitting back they should raise their voice against the higher authority or
the Government and get justice.
4. Strikes happen because people aren't satisfied, freedom to demand is like a spring,
harder you press it, harder it will recoil, so people should be allowed to protest, they'll
do it peacefully, and that won't give rise to a violent one
CONCLUSION:

STRIKES are a good thing. They are an index of freedom in advanced industrial societies.
Strikes can shake the world or nations at any rate. STRIKE is a form of STYAGRAHA
which was said by Mahatma Gandhi. Strikes have been around since the dawn of organized
labour. Employers have been abusing workers for ages and will continue to do so if the
provision of strike is abolished from the constitution. Strikes are the only leverage that the
working class has against their rich employers who have the money to pay off politicians and
thug strike breakers. Banning strikes would ultimately be going against the constitution of the
country. If there are no strikes the controversies of the news channel, debate in the parliament
and lawyer profession would definitely suffer a setback. Banning Strike is like breaking the
back bone and asking the person to run faster which is impossible in this country. STRIKE is
indeed a weapon of the disrupted workers. Whenever industrial authority tortures workers to
work inhumanly and deprive them from their financial support, helpless workers will be
speechless audience due to social and financial impact of the management authority. Growth
of economy does mean growth of garner of country with people from different sectors. If
workers are deprive of their financial justice, their children will suffer from lack of nutrition,
education etc. Food, cloth, home is man's primitive demand. If they deprived of it, they
cannot work most efficiently. Then also industrial product will be less than the previous. So
growth of economy will be victim of it. We also keep in mind that workers are not like
commodities sold in the market. They also have their right to protest against injustice.
BIBLIOGRAPHY:

 http://www.city-data.com/forum/economics/369172-strikes-good-bad-whats-your-
take.html
 http://timesofindia.indiatimes.com/edit-page/Bandhs-should-be-
banned/articleshow/2447200.cms
 http://www.in-debate.com/2011/11/the-use-of-strikes/
 http://www.investopedia.com/financial-edge/1112/is-striking-the-best-option.aspx
 https://www.indiabix.com/group-discussion/banning-of-trade-unions-will-be-
beneficial-in-growth-of-the-economy/