Explanation : The Constitution (42nd Amendment) Act, 1976 makes a pioneering attempt to provide for workers’ participation in management in the industry by suitable legislation in the Directive Principles of State Policy. Thus, Articles 43-A of the Constitution (42nd Amendment) Act, 1976 provides: The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry. The principle underlying the inclusion of workers’ participation in the Directive Principles of State Policy is to give due recognition to the workers and to create among them a sense of partnership. It being a constitutional imperative, the State is under an obligation to take suitable measures, legislative or otherwise, to secure effective workers’ participation in management. But mere inclusion of constitutional or statutory provisions would not serve the purpose. There is a need not only to evolve a suitable and workable statutory scheme of workers’ participation in the industry but also a responsible trade union and equally responsible and considerate management to fulfil the cherished objectives of constitution makers.
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in the armor of workers. So for a cessation of work to be struck:
1. Strike takes place when there is a cessation of work by workmen in combination or in a concerted manner.
2. Refusal to work must be for a normal lawful work that the worker is under an obligation to do. Refusal to work which workmen have no obligation to do does not amount to strike. Refusal to work by the workers on the sudden death of a workman shall amount to strike. (National Textile Workers Union vs. Shree Meenakshi Mills).
3. The workmen must be engaged in an industry.
The different types of strikes are:
(a) Stay-in, sit-down, pen-down or cooldown strike
(c) Sympathetic strike
(d) Hunger strike