I was fired for joining a legal strike in Gandhinagar; is my right to strike protected?
BH Asked by Bhavna Chauhan from India
Quick Answer
The right to strike is not a fundamental right but is recognised as a legal right under the Industrial Disputes Act and the Trade Unions Act, with the Supreme Court in T.K.
Detailed Legal Analysis
The right to strike is not a fundamental right but is recognised as a legal right under the Industrial Disputes Act and the Trade Unions Act, with the Supreme Court in T.K. Rangarajan v.
Government of TN holding that it is a legal, not a fundamental, right. Dismissal for participating in a legal strike is unfair labour practice under Section 2A of the Industrial Disputes Act; file a complaint with the Gandhinagar labour commissioner and a writ petition under Article 226 in the Gujarat High Court if the employer is the state.
The court will examine whether the strike was legal, the notice given and the proportionality of the dismissal. Gujarat Rent Control Act 1999 on industrial disputes must conform to the central Act, and any rule barring a legal strike is void.
Preserve the strike notice, the dismissal order and the trade union records in Gandhinagar, and the court can direct reinstatement with back wages and continuity of service.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.