Boundaries of Contra-Strike Verdict of Supreme Court
By
Justice Panachand Jain
In an unprecedented judgment in T.K. Rangarajan v. GoVt. of Tamil Nadu, (2003 Lab IC 2646 : AIR 2003 SC 3032, the Hon’ble Supreme Court has held that the Government employees have no fundamental right, statutory or equitable or moral to resort to strike and that they cannot take the society at ransom by going on strike, even if there is injustice to some extent. The Hon’ble Court has gone to observe that strike as a weapon is mostly used which results in chaos and total maladministration. The metaphysics of this contra-strike pronouncement has evoked a lively debate for and against the proposition.
The right to work, as a human right is provided for in several international documents. Though not expressly stated it is implicit in the two basic texts of the International Labour Organisation, namely the Constitution of 1919 and the Declaration of Philadelphia of 1944. The right to work is included in the Universal Declaration of Human Rights (1948) and the internat ....