The most popular and spectacular word is heard in the industrial sector is "strike" and it is as old as the

industry itself but continues to be one of the highly popularized and the least studied social
phenomenon of the present age. A strike is not merely reported but highly dramatized so as to arouse
public resentment. It is of deep concern for the reaction which it creates in the minds of the public who
is little aware of the nature of the problem and its background and its consequent effect on those who
are seriously connected with and affected by it. The industry plays a vital role in building the economic
system of any society. Industrialization led to the inevitable things namely, the investment of large
capital and massive employment together with intense form of employee and employer relationship this
in turn led to the type of confluents. The doctrine of supply and demand governed the employment
relations. The employer was in a dominating position freely exercised his authority and 2 virtually dictate
wages and other conditions of services resulting industrial and social ills to develop. The first 'strike' took
place in a Textile Mill in Bombay on the question of wages in the year 1877 and it would appear that at
this point of time workmen in India gradually had some realization of the strength which lies in unity,
and here after strikes took place increasing numbers. At this stage, trade unionism took its roots in
Indian soil. After first World War and brought a new awakening among the working class. The concept of
employer-employees-relations assumed new dimensions and a feeling of class consciousness was
generated. However, the first epidemic of strikes occurred from 1919 to 1921 to secure a ten-hour
working day and better wages. It was only in 1920 that court injunctions restraining the union officials
from influencing the workers came to be applied in India. The Trade unions Act 1926 immunized the
unions from being sued for criminal conspiracy for strike, and in most cases, from being subjected to
civil damages1 . About 1100 strikes, between 1921 and 1926 involving two million workers, and resulting
in a loss of 37 million working days led to the enactment of the Trade Disputes Act, 1929, which
restricted the scope of strikes 1 Combination Acts of 1799 and 1800. 3 and made illegal those brought
about hardships to the community. Section 16(1) of the Act provided that 'A strike shall be illegal (a)
which has any object other than or in addition to the furtherance of a trade dispute within the trade or
industry' in which the strikers are engaged and (b) is designed, or calculated to inflict severe and general
hardship upon the community. In the post first -World War period the main approach of the
Government of India was to treat strikes as a challenge to law and order rather than as labour issues.
Upon the outbreak of Second World War the Indian Government, through the Defense of India Rules,
prohibited strikes and lockouts, except under very restricted conditions. The emergency provision
remained in force until the passage of Industrial Disputes Act 1947. During the emergency, workers
rights were considerably curtailed. Immediately after lifting of the emergency, the country faced grave
industrial unrest. The Bombay region in particular, witnessed serious labour unrest in the form of strikes,
lockouts, go-slow by work-to-rule, gheraos and even violence. The entire atmosphere was charged with
the feelings of discontent and revenge. The reason for this was the restoration of trade union's rights
which were suspended during the emergency. This was led to the enactment of Essential 4 Services
Maintenance Act. 1981, thereby prohibiting strikes in essential services enlisted in Section 2 (1)(a) of the
Act
A strike in its ordinary meaning refers to a concerted refusal to work on the part of person who are
accustomed to work in a particular vocational area – in Industrial Disputes 1947 define word. Section
2(q) Chapter – V deals with the strike and lockout.4 The word 'strike' owes its origin to old English Word
'Strican-to go' away, since in this form of industrial protest workers go away from their work it is called
'Strike'. The term strike is almost two hundred years old. 2 Karnik V.B. Indian Labour Problem and
Prospects,Manakantala Pvt.Ltd Bombay, 1974 p. 186. 3 Annual Register May, 9th, 1968p.107 4 LL.J
February, 2008, p. 23. 20 According to Chambers 20th Century Dictionary, 'strike' is a 'cessation of work
as a means of putting pressure upon employers', whereas the Industrial Relations Glossary of the
University of Minnsota includes the words 'concerted action by an organized group of employees' in its
meaning of strike. Encyclopedia Britannica says, 'A strike in the labour sense is a stoppage of work by
common agreement on the part of a body of work people for the purpose of obtaining or resisting a
change in the conditions of employment5 Encyclopedia of Social Sciences defines strike as 'concerted
suspension of work by a body of employees, usually for the purpose of adjusting an existing dispute over
the terms of the labour contract.6 Oxford dictionary defines the 'Strike' as a concerted cessation of work
on the part of a body of workers for the purpose of obtaining some concessions from the employer or
employers'. The above mentioned dictionary definitions of the word 'Strike' put stress on three
important elements, namely 1) combination, meaning thereby agreement or concert, 2) Stoppage of
work employees and 3) To put pressure on employers to concede certain demands. 2.2 MEANING OF
STRIKE : The definition of strike in Sec.2 of the Industrial Disputes Act, 1947 is the same as it was in
Section 2 (I) of the repealed Trade Disputes Act, 1929. 5 Community on labour Law and Industries Law
by Proforma. Ahemadullah Khan, Asian Law Book fourth Edition 2002 – 2003 p. 174. 6 I.U.J. 2005
February p.12. 21 It has since not undergone any amendment and reads as follows: '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 work or to accept employment.7 In United Kingdom 'Strike' was defined in the
repealed Trade disputes and Trade Unions Act, 1927 and was almost similar to our Section 2 (q) of the
Industrial Disputes Act, 1947 except the prefix 'trade' before industry. Sec.8 (2) (a) of the repealed Trade
Disputes and Trade Unions Act, 1927 defines strike as 'a cessation of work by a body of persons
employed in any trade or industry acting in combination or concerted refusal or a refusal under a
common understanding of any number of persons who are or have been so employed to continue to
accept employment'. However an entirely new definition was given to strike in the Industrial Relations
Act. 1971 in Section 167 (I). It defines strike as a "concerted stoppage of work by a group of workers in
contemplation or furtherance of an industrial dispute, whether they are parties to the dispute or not,
whether (in the case of all or any of those workers) the stoppage is or is not in breach of their terms and
conditions of employment, and whether it is carried out during, or on the termination of, their
employment". It is not worthy that in Trade Union and 7 Justice V.M. Kande, Labour law, Himalaya
Publishing, 3rd Edition, 2007 22 Labour Relations Act, '1974, which has repealed the 1971 Act, the term
strike is not defined. In United States the term 'Strike' as used in Labour Management Relations Act,
1947, (popularly known as TaftHartley Act) as amended in 1959 in Sec 501(2), includes any strike or
other concerted stoppage of work by employees (including a stoppage by reason of the expiration of a
collective bargaining agreement) and, any concerted slow-down or other concerted interruption of
operations by employees. Ludwing Teller described five characteristics of strike which are as follows8 : i)