MODULE -1

CONCEPT OF INDUSTRIAL RELATIONS

Industrial Relation is one of the important problems for the success of a firm. The term industrial relations refer
to the whole field of relationship that exists because of necessary collaboration of men and women in the
employment process of modern industry.

Industrial relations is nothing but an “Employment Relationship” In an industrial setting. It includes all the laws,
rules, regulation, agreements awards of court, customs, traditions, as well as policy framework laid by the
government. Thus, IR involves a study of the conditions of work, mainly the level of wages, Security of
employment, Social conflict, Cultural interactions legal aspects of disputes under laws etc.

The term “Industrial Relations (IR)” also known as a “labour Management Relations” or “labour relations”. The
term „Industrial Relations‟ comprises of two terms:

1. Industry: It refers to “Any productive activity in which an individual or a group of individuals is are engaged”.

2. Relations: It means “The relationships that exist within the industry between the employer and his workmen”.

Industrial relations may be defined as the relations and interactions in the industry particularly between the labour
and management as a result of their composite attitudes and approaches in regard to the management of the affairs
of the industry, for the betterment of not only the management and the workers but also of the industry and the
economy as a whole.

DEFINITION OF INDUSTRIAL RELATIONS

According to International Labour Organization (ILO),- “Industrial Relations deal with either the relationship
between the state and employers and workers organizations or the relation between the occupational organizations
themselves”.

According to Armstrong- “IR is concerned with the systems and procedures used by unions and employers to
determine the reward for effort and other conditions of employment, to protect the interests of the employed and
their employers and to regulate the ways in which employers treat their employees”

The following points emerge from the analysis of the above definitions:

(1) Industrial relations are the relations which are the outcome of the ’employment relationship’ in an industrial
enterprise. It is, thus, employer-employee relationship in an industry. Two parties—employer and workmen are
necessary without which such relationship cannot exist and it is the industry which provides the setting for
industrial relations.
(2) Industrial relation is the relation in the industry created by the diverse and complex attitudes and approaches
of both management and workers in connection with the management of the industry. Attitude refers to the mental
state of a person, approach can be the external expression of such an attitude. Attitudes are always not obvious
and the individual himself may not always be fully conscious of the attitudes.

Attitudes must be inferred from tone of verbal expressions or perhaps from the individual’s overt behaviour.
Attitude is the mental state of the individual which prepares him to take a particular, (external) approach or make
him behave in a particular manner. Attitudes of both—employer and employees influence each other and
determine natural relationship.

(3) This relationship emphasises on the process of accommodation whereby both the parties develop skills and
methods of adjusting to and cooperating with each other.

(4) Industrial relation is not a simple relationship between the two parties but is a set of functional interdependence
involving a number of factors, say, historical, economic social, psychological, demographic, technological,
occupational, legal and others etc. It, therefore, requires an interdisciplinary approach for its study. In this context,
industrial relations are the relations and interactions between management and workers and as a result of their
composite attitudes and approaches.

(5) Every industrial relation creates a complex of rules and regulations to govern the work-place, the work-
community with the main purpose of maintaining harmonious relations between the management and the
workmen by solving their problems through the process of collective bargaining.

(6) The Government/State also regulates the industrial relations in the country. It evolves, influences and shape
industrial relations through laws, rules, agreements, awards of the courts, and emphasises on the usages, customs,
traditions, implementation of its policies and interference through executive and judicial machinery.

The scope of industrial relations includes:

(a) Relationship among employees, between employees and their superiors or managers.
(b) Collective relations between trade unions and management. It is called union-management relations.

(c) Collective relations among trade unions, employers’ associations and government.

Importance of Industrial Relations

• Reduction in Industrial Disputes: Good industrial relations reduce the industrial disputes. Disputes are
reflections of the failure of basic human urges or motivations to secure adequate satisfaction or expression which
are fully cured by good industrial relations. Strikes, Lockouts, Go-slow tactics, and grievances are some of the
reflections of industrial unrest which do not spring up in an atmosphere of industrial peace. It helps to promote
co-operation and increasing production.
 • Uninterrupted production: The most important benefit of industrial relations is that this ensures continuity of
production. This means, continuous employment for all from manager to workers. The resources are fully utilized,
resulting in the maximum possible production. There is an uninterrupted flow of income for all. Smooth running
of an industry is of vital importance for several other industries; to other industries if the products are
intermediaries or inputs; to exporters if these are export goods; to consumers and workers, if these are goods of
mass consumption.

• Promote Industrial Democracy: Industrial democracy means the government mandated worker participation
at various levels of the organisation with regard to decisions that affect workers. It is mainly the joint consultations
that pave the way for industrial democracy and cement relationship between workers and management.

OBJECTIVES OF INDUSTRIAL RELATIONS

Nair and Nair citing Kirkaldy (1947), state that there are four objectives for industrial relations:
(i) To improve economic conditions of workers;
(ii) For state control on industries for regulating production and promoting harmonious industrial relations;
(iii) For socialization or rationalization of industries by making state itself a major employer;
(iv) For vesting of the proprietary interest of the workers in the industries in which they are employed.
ROLE OF THE STATE IN INDUSTRIAL RELATIONS
In the sphere of industrial relations, the state cannot remain a silent spectator. It has to play a persuasive and
sometimes coercive role in regulating industrial relations in so far as they concern collective bargaining and the
consequent direct action which either party may resort to for the realization of its claims. The state's anxiety about
work stoppages arises because of two factors: (i) the impact on the community by way of inconveniences inflicted
by interruption in supply of essential goods/services; and (ii) social cost to the parties themselves in the form of
loss of wages/production. It has, therefore, a special interest in the methods chosen by the parties for regulation
of their mutual relations. For instance, adoption of collective bargaining will require well-organized unions and
employers’ associations.
1) The state, takes upon itself the task of formulating rules for maintenance of discipline, social justice, labour
welfare and peace and harmony. It may intervene through conciliation process or compulsory adjudications. In
the process, it will have to define permissible area of intervention.
2) The state has provided for conciliation and adjudication machinery to settle industrial disputes under the
Industrial Disputes Act, 1947. This can be best performed either by creating conditions in which adjudication
would succeed in preference to strife or by compelling the parties to accept direct intervention of the state in
public interest.
3) Another role of the state is as an employer, which has two aspects, i.e., direct employment of labour by the state
and employment in industrial corporations constituted by the state. Handling of industrial relations in the case
of its own employees, to whom all legislation framed for industry is applicable, falls in this category. To this
 was added another when, as a matter of policy, it was decided to operate a mixed economy wherein industries
were to be run by both private entrepreneurs and the state. The role of the state in these matters has been watched
with great interest in recent years. The policy statements in this regard show that as an employer, the state binds
itself to the rules which it frames for private employers. Where standards of good employment are disparate,
the state seeks to set standards with a view to influencing employers in the private sector.

CHANGING DIMENSIONS OF INDUSTRIAL RELATIONS IN INDIA

Globalization, liberalization and privatization have brought new market imperatives. The traditional
industrialization system is under unprecedented pressure because it is unable to meet this situation. It is felt that
a market determined industrial relations may meet the challenges of the market. Some of the key features are
given below:

(i) The institution of trade union is becoming weaker. Employers, despite the provisions of unfair labour practice
under the Industrial Disputes Act, 1947, are discouraging the formation of unions and promoting nonunionism.
In IT, SEZ and several private industries, there are hardly any trade unions.

(ii) The institution of collective bargaining is being decentralized and replaced by unit bargaining, individual
bargaining, commercial bargaining and collaborative bargaining.

(iii) Disinvestment/privatization and VRS are almost accepted facts of industrial relations.

(iv) Changing pattern of compensation/rewards management—fixed/assured time rate wages are replaced by
variable/performance-based wages.

(v) Social security and employment guarantee schemes are being provided for unorganized/agricultural workers.

(vi) Pro-labour attitude of government is being diluted. This is evident from the shift in government’s attitude of
non-interference and liberally granting permission to lay-off, retrench or close the undertaking under Chapter V-
B.

(vii) The establishment of ‘special economic zones’ is another area which shows the attitude of the government
towards emerging business scenario.

(viii) The attitude of judiciary is also changing. The recent judgements of the Supreme Court on contract labour,
discipline and disciplinary action, absenteeism and strikes show that it looks at the problem from the viewpoint
of economic reforms and global competition.

COLLECTIVE BARGAINING

CONCEPT AND MEANING OF COLLECTIVE BARGAINING

The expression ‘collective bargaining’ was coined by Sydney and Beatrice. Harbison defines ‘collective
bargaining’ as: a process of accommodation between two institutions which have both common and conflicting
interests.
In 1960, in the manual published by the International Labour Office, ‘collective bargaining’ has been defined as:
negotiations about working conditions and terms of employment between an employer, a group of employers or
one or more employers' organization on the one hand, and one or more representative workers organizations on
the other, with a view to reaching agreement.

The Supreme Court in Karnal Leather Karmachari Sangathan v. Liberty Footwear Co. defines collective
bargaining as: A technique by which disputes as to conditions of employment are resolved amicably, by
agreement, rather than by coercion. The dispute is settled peacefully and voluntarily, although reluctantly,
between labour and management.

Parties to Collective Bargaining

Collective bargaining involves two parties, namely, management represented either alone or through employers'
association or federation of employers on the one hand and workers represented either through a union or workers'
federation, on the other hand. The latter, where provisions exist under law are known as bargaining agents. These
two parties are directly involved in the process of collective bargaining.

Subject Matter of Collective Bargaining

The International Labour Organization has divided the subject matter of collective bargaining into two categories:
(i) Those which set out standards of employment which are directly applicable to relations between an individual
employer and worker;
(ii) Those which regulate the relations between the parties to the agreement themselves and have no bearing on
individual relations between employers and workers.

The first category includes subjects like wages, working hours (including overtime), holidays with pay and period
of notice for termination of contract. The second category, according to ILO, includes eight items viz., (i)
provisions for enforcement of collective bargaining; (ii) methods of settling individual dispute; (iii) collective
disputes including grievance procedure and reference to conciliation and arbitration; (iv) recognition of a union
as bargaining agent for the workers; (v) giving of preference in recruitment to union members seeking
employment; (vi) duration of the agreement; (vii) undertaking not to resort to strike or lockout during the period;
and (viii) procedures for negotiation of new agreements.

Objectives of Collective Bargaining: The International Confederation of Free Trade Union called collective
bargaining ‘A Workers’s Bill of Rights’. It enumerated the following objects of the union in collective bargaining:

1. to establish and build union recognition as an authority in the work place;

2. to raise workers' standard of living and win a better share in company's profits;
3. to express in practical terms the workers' desire to be treated with due respect and to achieve democratic
participation in decisions affecting their working conditions;
4. to establish orderly practices for sharing in these decisions and to settle disputes which may arise in day-to-day
life of the company;

5. to achieve broad general objectives such as defending and promoting the workers' interests throughout the
country.

ILO PRINCIPLES ON THE RIGHT TO COLLECTIVE BARGAINING

The standards and principles emerging from the ILOs conventions, recommendations and other instruments on
the right to collective bargaining, and the principles set forth by the Committee and the Freedom of Association
may be summarized as follows:
a. The right to collective bargaining is a fundamental right endorsed by the members of the ILO in joining the
organization, under which they have an obligation to respect, to promote and to realize, in good faith (ILO
Declaration on Fundamental Principles and Rights at Work and its
Follow-up) the right to collective bargaining.
b. Collective bargaining is a right of employers and their organizations, on the one hand, and organizations of
workers, on the other hand (first-level trade unions, federations and confederations); only in the absence of these
latter organizations, may representatives of the workers concerned conclude collective agreements.
c. The right to collective bargaining should be recognized throughout the private and public sectors and it is only
the armed forces, the police and public servants engaged in the administration of the state who may be excluded
from the exercise thereof.

PREREQUISITES FOR COLLECTIVE BARGAINING

A. Freedom of Association: In order to achieve collective bargaining, it is essential to ensure that the denial of
such freedom negates collective bargaining. In this respect, it is significant to note that the International Labour
Organization adopted the ‘Convention No. 87 concerning freedom of association and protection of the right to
organize’ which seeks to provide for freedom of association. India has, however, not formally ratified this
convention. However, Article 19(1) (c) of the Constitution of India guarantees ‘the right to form associations or
unions’.

B. Strong and Stable Trade Unions: For the success of collective bargaining, it is also essential that there should
be strong, independent, democratic and well organized trade unions. Unorganized labour is the hurdle in its
success. In India, however, the unions are generally weak. Rivalry on the basis of caste, creed, and religion is
another characteristic of Indian trade unions which comes in the way of successful collective bargaining. Further,
division on the basis of political ideologies further retards the growth of trade unions. Moreover, most of the
 workers are illiterate. Lastly, the financial position of trade unions is weak and some of them are even unable to
maintain a proper office.

C. Recognition of Trade Unions: Recognition of trade unions as bargaining agents is the backbone of collective
bargaining.

D. Willingness to Give and Take: The mutual trust and appreciation of the viewpoints of the management and
union is also essential. Said the ILO: The fact of entering into negotiations implies that the differences between
two parties can be adjusted by compromise and concession in the expectation that agreement can be reached.
Obviously, if one or both sides merely make demands when they meet, there can be no negotiation or agreement.

E. Absence of Unfair Labour Practices or Victimizations: Statutory provisions for unfair labour practice or
victimization are another prerequisite of collective bargaining.

DIFFERENT LEVELS OF CB- NOTEBOOK

ADVANTAGES OF COLLECTIVE BARGAINING

Collective bargaining has been preferred over compulsory adjudication system for several reasons;
(i) it is a system based on bipartite agreements and as such is superior to any arrangement involving third party
intervention in matters which essentially concern employers and workers;
(ii) it is a quick and efficient method of settlement of industrial disputes and avoids delay and unnecessary
litigation;

(iii) it is a democratic method of settlement of industrial disputes.

DISADVANTAGES OF COLLECTIVE BARGAINING

According to Willcox, it has two vital defects:

1) There are situations in which a serious strike and a prolonged strike simply cannot be tolerated.
2) The lack of representation of the public interest at the bargaining table. Whether prices can be raised without
affecting the ability to sell goods or services, unions and companies are in a position to agree on wage increase
that will cause higher prices; then the consumer must shoulder the full burden of their agreement.

COLLECTIVE BARGAINING IN INDIA

Plans and Collective Bargaining

The First Five-Year Plan recognized the workers' right of association, organization and collective bargaining as
a fundamental basis of peaceful industrial relations. It added that, ‘collective bargaining can derive reality only
from the organized strength of workers and a genuine desire on the part of the employer to cooperate with their
representatives.’ It pointed out that the endeavour of the state had been to encourage collective bargaining and
mutual settlement of industrial disputes in order to minimize governmental intervention in labour management
relations.

The Second Five-Year Plan, 1956 recognized the need for mutual settlement for resolution of industrial disputes:
For the development of an undertaking or an industry, industrial peace is indispensable. Obviously, this can best
be achieved by the parties themselves. Labour legislation… can only provide a suitable frame-work in which
employers and workers can function. The best solution to the common problems, however, can be found by mutual
agreement.

Another step in building strong unions is to recognize them as representative unions under certain conditions.

The Third Five-Year Plan encouraged voluntary arbitration and pleaded for its adoption in place of compulsory
adjudication: Ways will be found for increasing the application of the principle of voluntary arbitration… The
same protection should be extended to proceedings in this case as is now applicable to compulsory adjudication…
Employers should show much greater readiness to submit disputes to arbitration than they have done hitherto.
This has to be the normal practice in preference to a recourse to adjudication as an important obligation adopted
by the parties under the Code.

The Fourth Five-Year Plan stressed that ‘greater emphasis should be placed on collective bargaining and on
strengthening the trade union movement for securing better labour-management relations, supported by recourse
in large measures to voluntary arbitration.’

Factors Affecting Successful Collective Bargaining in India

Labour laws have effected the formation of trade unions in two ways. First, it has weakened the protest
movement. Second, it has failed to give adequate protection to the members of a union for their trade union
activities. In India, minimum standard statutes like Factories Act, 1948, Mines Act, 1952, Minimum Wages Act,
1948, Payment of Wages Act, 1936, Payment of Bonus Act, 1965 and Social Security Statutes like Employees'
State Insurance Act, 1948, Workmen's Compensations Act, 1923, Employees' Provident Fund and Miscellaneous
Provisions Act, 1952, and Payment of Gratuity Act, 1972, which are not only far in advance of the level dictated
by the strength of workers but also of those dictated by the significant protest movement. Moreover, institutions
such as a works committees and adjudication system, have in general, tended to minimize the value of trade
unions. Further, the institution of standing orders, the procedure for their certification and the provisions regarding
the adjudication, disputes relating to their interpretation and application mitigate against the necessity of forming
trade unions.

It has to be noted that the Trade Unions (Amendment) Act, 1947, which prohibited certain forms of unfair
practices on the part of management, have not yet been enforced. Even the protections granted against common
law doctrine of criminal conspiracy, civil conspiracy and restraint of trade under Sections 17, 18 and 19 of the
Trade Unions Act are hardly sufficient. If the expression ‘unless the agreement is an agreement to commit an
offence’ renders Section 17 almost meaningless. The expression ‘on the ground only’ severely curtails the
benevolent aspect of Section 18. Further, law relating to labour management relations and adjudication system
prevalent in our country reveals that the labour law had not been to a great extent responsive to the bargaining
power of Indian workers. Thus, the Industrial Disputes Act, 1947, restricts the striking power of Indian workers.

Article 19 (1) (c) of the Constitution guarantees ‘the right to form associations or unions’ but after the Supreme
Court decision in All India Bank Employees case that the Article merely guarantees the ‘right to form
associations or unions’ and, in particular does not guarantee the right to strike, the usefulness of the Article is
extremely limited. Moreover, Section 7 of the Criminal Law (Amendment) Act, 1932, renders it impossible for
the workers to indulge in several kinds of labour activities. The Bombay High Court in Damodar Ganesh v. State
has, however, held that Section 7 prohibits even peaceful picketing. It has, therefore, severely affected the
bargaining power of trade unions.

Moreover, the surplus labour market (which exists in India) affects the bargaining power of Indian labour. It will
be observed that ‘the backlog of unemployed which stood at 3 million at the commencement of the First Five
Year Plan, was estimated to be above 10 million in 1968. In addition, about 18 to 19 million job opportunities
were created during the Fourth Five-Year Plan. They further estimated that even if the entire plan projects were
successfully implemented, over 4 million would represent the backlog at the end of the Fourth Five-Year Plan.
Further, the absence of any statutory provisions at central level for the recognition of a representative trade union
by an employer also affects the bargaining power of trade unions. Again, the right of unions has jeopardized the
striking power of unions. Moreover, the government's unfettered discretion in referring a dispute for adjudication
and for issuing of prohibitory order under Section 10 of Industrial Disputes Act has adversely affected the labour's
interests.

Labour laws have also not given any special status to a trade union. Section 36 of the Industrial Disputes Act,
1947, enables a worker, if he so desires, to be represented by a union, but it does not enable a union to represent
its members.

IMPACT OF GLOBALIZATION ON INDUSTRIAL RELATIONS

1. The first casualty of globalization is the number of workers employed. Due to global competition, most
industries want to reduce costs and be competitive. They have introduced plans like Voluntary Retirement Scheme
(VRS) as well as retrenchment and closures both in the organized and the unorganized sectors. For instance,
nationalized banks have introduced VRS for their staff and so far, about 99,000 workers have opted for retirement
under this scheme. Some employers are offering lower wages to the workforce as a condition for the reopening
of closed industries. Faced with the problems of unemployment, workmen are frequently accepting such offers.
2. Under the WTO regime, labour economic policies seem to be resulting in the closure or disappearance of many
Indian companies, especially, those engaged in consumer goods.
3. The attitude of the government, particularly of the Central Government, towards workers and employers seems
to have undergone a change. Now, permissions for closure or retrenchment are more easily granted.
4. The closure of industrial units and cases of bankruptcy are normal features in developing countries all over the
world (including India). With their limited resources, they are unable to provide alternative employment
opportunities. Industrial sickness and its resultant consequences have to be handled carefully to see that its adverse
impacts falls least on workers and on society.

5. The major issue that emerges is how the industrial units which are sick or closed under liquidation, or due to
worldwide economic crisis need to be dealt with in India, particularly the displaced workers and locked assets of
these units.

ROLE OF JUDICIARY IN INDUSTRIAL RELATIONS

The role of the Judiciary is of extreme importance in giving social justice to the labourers. Justice Krishna Iyer in
the specific case of Indian Express Newspapers Pvt. Ltd. vs. Indian Express Newspaper Employees Union said
that industrial jurisprudence is not static, textually cold or rigid but it is dynamic in nature and warm with life. It
answers in emphatic negative to the biblical cross-examination. The Industrial Tribunal of India in the territories
abandoned by precise block letter law, which goes by the Constitutional mandate of providing social justice in
the claims of the little people. It can be observed here that in-state some ideas or values will be followed and they
can be achieved through different laws. These values are of utmost importance to the society because by these
values the state plans to mould the society. In India, these values are known as Fundamental Principles which are
given in the Constitution.

The Judiciary has pronounced landmark decisions in regard to many elements contacting the field of employer-
employee relations. As due to new interpretations the whole industrial philosophy has undergone a radical
change.

Among the landmark cases, the meaning of Industry was interpreted in the Bangalore waterworks case. Following
was the position prior and then afterwards the industry was redefined by the Apex court in the year 1978.

Revolutionary decisions which influenced Industrial Relations choices influencing Industrial Relations

The industry has gone through an exceptional change because of quick industrialisation. The new idea of industry
needs to oblige all the modern needs without much dislocation and disorganization of the society and also keeping
the ideas of a welfare state in mind.

• The term Industry was characterized in S. 2(j) and clarified generally in D.N. Banerjee vs. P.R. Mukherji was
as per the following:

1. Where there is a systematic activity,

 2. Organized by cooperation among employer and employee the direct and substantial element is commercial
representative the direct and substantial component is business,

3. For the production and distribution of goods and services to satisfy human wants and needs like making on
a large scale there will be an industry in that particular enterprise.

4. Absence of profit intention or gainful objective is insignificant be the venture in the general public, joint,
private or any other sector.

5. The true concentration in functional and the decisive test is the idea of the activity with special emphasis on
the relations between employer and employee.

6. If the organization is a trade or business it does not stop to be one on account of philanthropy maintaining
the undertaking. But on 21st February 1978, the Supreme Court in its seven judges bench overruled the
several landmark cases like:

(i) Safdarjung Hospital case (ii) The Solicitor’s case (iii) The Madras Gymkhana case (iv) The University of
Delhi case

The Supreme Court, overruling these cases above interpreted the law with regards to what is an industry, which
still is in power in industrial corridors, the way things are in the wake of the Amendment Act 1982. In this manner,
1978 is considered as a new era period as regards the understanding of the term ‘Industry’ set down in the case,
Bangalore Water Supply and Sewerage Board vs. A Rajappa and others. This case has set down after rules to
decide if the said establishment is an industry or not. As per the High Court, all things considered, the idea of the
expression ‘industry’ has been put on an exceptionally wide canvas. In this way, the individuals who fight that a
specific establishment isn’t an industry should satisfy the Court that the particular establishment falls outside the
limits as recommended by the Supreme Court.

In the case of Western India Automobile Association vs. Industrial Tribunal had brought up that in light of a
legitimate concern for social justice with the end goal of securing harmony and peace between the manager and
the workmen industrial adjudication imposes new obligations or abolishing the old ones or after the current terms
and condition of employment in the event that it thought to do as such.

In the post-independence period, India adopted the philosophy of economic and social justice and the production
target by introducing a scheme of the mixed economy to avoid the loss of production which is caused by the
recurring industrial strike. Hence the government adopted a lockout ban policy to maintain the peace and harmony
in the industry with quasi-democratic measures which would assure the workers association in non-important
issues.

The Government of India presented a system of compulsory conciliation and adjudication machinery to achieve
the goal of industrial peace, social justice and productivity as there are some workers who are weak and also
incapable to bargain with the employer and settle the disputes. With a view to promoting industrial democracy,
the judiciary made new dimensions in the maintenance of industrial relations.

The Apex Court in the case of J.K. Iron and Steel Company Ltd. vs. Iron and Steel Mazdoor Union laid down
that the decision of the Tribunal must be based on established principles and not import any thought of alleged
justice or compulsion to safeguard the workman interest. It was held that undue advantage to the labourer should
not be given by evolving the idea of socio-economic justice.

In the case of Rashtriya Mill Mazdoor Sangh vs. Apollo Mills Ltd., it was held that the social justice did not
depend on legally binding relations (contractual relations) and isn’t to be implemented on the principles of
contracts, of service, and it is something outside these principles and is invoked to do justice without a contract
to back it.

In the case of J.K. Cotton Spinning and Weaving Mills Company Ltd. vs. Labour Appellate Tribunal, it was
observed by the court of law that the goal or object of industrial adjudication is to help the progress and growth
of the economy of the country.

In the case of B.R. Singh vs. Union of India, it was held that the right to strike can’t be compared to that of the
fundamental right. Strike in a given circumstance is a type of demonstration. There are various methods of
demonstration. A strike is one such method of the demonstration by the workers for their rights. The right to
demonstrate and thus the right to strike is a significant weapon in the armoury of the workers. The right has been
perceived by practically all democratic nations. Though not raised to the high platform of a fundamental right, it
is perceived as a method of redress for settling the complaints of the workers. However, the right to strike isn’t
absolute under our industrial jurisprudence and restrictions have been set under it.

In the State of Madras vs. C. Parthasarathi, it was observed by the court that rather the Government has power
in the interest of industrial production to set the machinery of the settlement of disputes in motion without pausing
to inquire about what the specific points of the disputes were.