Strike is 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 to work or to accept employment. Under Indian law, it is defined in Section 2(q) of the Industrial Disputes Act, 1947, and its legality is regulated by Sections 22, 23, and 24 of the Act.
Legal definition
The Industrial Disputes Act, 1947 provides the statutory definition:
Section 2(q): "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 to work or to accept employment.
Three essential elements constitute a strike: (i) there must be a cessation of work or a concerted refusal to work; (ii) the cessation must be by a body of workmen acting in combination; and (iii) the persons must be employed in an industry. A strike by a single workman does not fall within the definition.
Sections 22 and 23 impose conditions on the legality of strikes. In public utility services (Section 22), workmen cannot go on strike without giving 14 days' notice, before the expiry of the notice period, or during the pendency of conciliation or adjudication proceedings. In non-public utility services (Section 23), strikes are prohibited during the pendency of conciliation or adjudication proceedings and within seven days of the conclusion of such proceedings.
New law equivalent: The Industrial Relations Code, 2020, Section 2(zk) retains the definition of "strike" with the addition that it now includes "the concerted casual leave on a given day by fifty percent or more workers employed in an industry." The Code also extends the 14-day notice requirement and the prohibition during proceedings to all industrial establishments, not just public utility services.
How courts have interpreted this term
Syndicate Bank v. K. Umesh Nayak [(1994) 5 SCC 572]
A five-judge Constitution Bench of the Supreme Court held that a strike may be illegal if it contravenes the provisions of Sections 22, 23, or 24 of the Act, or any other law, or the terms of employment. The Court clarified that the legality of a strike depends on whether the statutory conditions have been fulfilled, while the justifiability of a strike is a separate question that turns on the reasonableness of the demands and the conduct of the parties.
Crompton Greaves Ltd. v. Workmen [(1978) 2 SCC 465]
The Supreme Court held that for workmen to be entitled to wages for the period of strike, the strike must be both legal and justified. A strike may be legal (i.e., it does not violate any statutory provision) but unjustified (i.e., the demands are unreasonable or the resort to strike was premature), in which case no wages are payable. Conversely, an illegal strike can never be justified.
T.K. Rangarajan v. Government of Tamil Nadu [(2003) 6 SCC 581]
The Supreme Court held that government employees have no legal or fundamental right to go on strike. The Court observed that government employees stand on a different footing from workmen in the private sector and that a strike by government employees is not only illegal but amounts to a breach of the terms of employment. This decision significantly restricted the right to strike in the public sector.
Types of strikes
- Legal strike: A strike that complies with all the conditions under Sections 22 and 23 of the Act, including notice requirements and prohibitions during pending proceedings
- Illegal strike: A strike that contravenes Sections 22, 23, or 24, or any other law
- General strike: A strike across an entire industry or region, often called for political or economic demands beyond a single establishment
- Sympathetic strike: A strike by workmen in one establishment in support of workmen in another establishment; not directly connected to the strikers' own employment conditions
- Go-slow: A deliberate reduction in the pace of work; courts have held that go-slow is a more serious form of misconduct than a strike because it is covert sabotage
Why this matters
The right to strike is the most potent economic weapon available to workmen in the collective bargaining process. While the Supreme Court has held that there is no fundamental right to strike, the right exists as a statutory and common law right subject to the conditions prescribed in the Industrial Disputes Act.
For employers, an illegal strike provides grounds for disciplinary action against participating workmen and no obligation to pay wages for the strike period. However, dismissal of workmen for participation in a legal and justified strike would constitute an unfair labour practice. The employer's proportionate response to a strike is critical — disproportionate retaliation can escalate disputes and attract adverse adjudicatory outcomes.
For trade unions and workers, compliance with the statutory conditions — particularly the notice requirement in public utility services and the prohibition during pending proceedings — is essential to ensure that a strike remains legal and that participants retain their right to wages if the strike is also found to be justified.
Related terms
Opposite concept:
Broader concepts:
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Frequently asked questions
Is the right to strike a fundamental right in India?
No. The Supreme Court in All India Bank Employees Association v. NIT (1962) and T.K. Rangarajan v. Government of Tamil Nadu (2003) held that there is no fundamental right to strike. However, the right to strike exists as a statutory right under the Industrial Disputes Act, subject to compliance with the conditions in Sections 22 and 23.
Are workers entitled to wages during a strike period?
Workers are entitled to wages for the strike period only if the strike is both legal and justified. In Crompton Greaves v. Workmen (1978), the Supreme Court held that a strike that is legal but unjustified does not entitle workers to wages. The burden of proving that the strike was justified lies on the workmen.
What is the penalty for participating in an illegal strike?
Under Section 26 of the Industrial Disputes Act, any workman who commences, continues, or otherwise acts in furtherance of an illegal strike is punishable with imprisonment up to one month, or a fine up to Rs 50, or both. Additionally, participation in an illegal strike may constitute misconduct warranting disciplinary action under the certified standing orders.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.