I was fired for joining a legal strike in Kolkata; is my right to strike protected?
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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 Kolkata labour commissioner and a writ petition under Article 226 in the Calcutta 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. West Bengal Premises Tenancy Act 1997 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 Kolkata, and the court can direct reinstatement with back wages and continuity of service.
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