Strike

This is one of the methods of protecting and developing the rights of the trade
unions. Therefore the right to strike is important.

The right to strike is not recognized by any legislation in Sri Lanka. However,
as the trade unions and its members are protected from civil actions and
tortuous under the sections 26 and 27 of the Trade Unions Ordinance, it can be
said that they are given the right to strike.

Interpretation of „strike‟ under section 2 of the Trade Unions Ordinance.

“Strike means cessation of work by a body of persons employed in any trade or

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.”

So that a strike contains 3 main characteristics as follows,

 Cessation of work
 Acting in combination
 Should use as a weapon to fulfill their demands.

But refusing overtime work is not a strike.

Ceylon Estates Staff’s Union v. The Superintendent of Vellai Oya

It was held that the cessation of work was not a strike, but here should be a common
purpose behind the cessation of work.

The right to strike was not set out directly in a convention or in any legislation. But it
has been recognized as a necessary requirement of labour law. By some legislations
such as Industrial Dispute Act and Trade Unions Ordinance has accepted the right to
strike as an act of trade union.

Yasapala v. Ranil Wickremasinghe

It was held that the right to strike is a right but not a fundamental right.
[By- Sheran Dewapriya Hettiarachchi]

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Best Footwear Pvt Ltd v. Aboosally, Former Minister

It was held that the strike weapon is to be used as a last resort.

Public Nurses Union v. M. Jayawickrema

It was held that the services were terminated for strike in essential service.

Situations where a strike becomes illegal

Industrial Dispute Act

01. Section 32(2) - No workman shall commence, continue or participate in any

strike, in any essential industry, unless giving a written notice to the employer
at least 21 days before the date of the commencement of the strike.

02. Section 40(1)- If a workman commences, continues or participates in a strike in

any essential industry, after that dispute has been referred to an industrial court
but before the court has made an award, shall be guilty of an offence.

So that commencing a strike for an award given for an application under 31B(1) of
Industrial Dispute Act is illegal.

Commencing a strike, before making an award for a dispute which is already referred
to arbitration or a labour tribunal or industrial court is illegal.

Commencing or continuing a strike in where the President may declare as essential

industries under the Public Security Act or Essential Public Services Act, No 61 of
1979 is an offence.

Public Security Act

Section 5(1)- The President may make such regulations as appear to him to be
necessary for maintenance of supplies and services to the life of the community.

Section 17(1)- Where the President considers it necessary, he may declare a service to
be an essential service by order published in the gazette.
[By- Sheran Dewapriya Hettiarachchi]

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Essential Public Services Act
Where the President is of the opinion that any service provided by of Government
department or public corporation or local authority or co-operative society is essential
to the life of the community he may declare that service to be an essential public
service.
By- Sheran Dewapriya Hettiarachchi

Attorney-at-Law,

BA (Sp) Hons(Sociology) J’pura

MA(Political)-Kelaniya

MA (ug)- Colombo