Kerala HC deems hartal called by PFI, illegal

Kerala HC deems hartal called by PFI, illegal

Subject : Polity

Context : Division bench of Kerala High Court impleaded the PFI and its general secretary.

Concept :

Earlier HC orders state that political parties  or any person or any association of persons which calls for hartal and general strike should give  public notice seven days in advance.

Hartals/Strike called withour adhering to the above procedure would be deemed illegal and unconstitutional.

Constitutional provisions related to Right to strike:

• For the armed forces and the police, where discipline is the most important prerequisite, even the fundamental right to form an association can be restricted under Article 19(4) in the interest of public order and other considerations.
• Under Article 33 of the Constitution, Parliament, by law, can restrict or abrogate the rights of the members of the armed forces or the forces charged with the maintenance of public order so as to ensure the proper discharge of their duties and maintenance of discipline among them.
• India recognized strike as a statutory right under the Industrial Disputes Act, 1947.Strike is not expressly recognized in the Constitution of India.
• The Supreme Court settled the case of Kameshwar Prasad v. The State of Bihar 1958 by stating that strike is not a fundamental right. Government employees have no legal or moral rights to go on strikes.
• The Supreme Court in Delhi Police v. Union of India (1986) upheld the restrictions to form association by the members of the non-gazetted police force after the Police Forces (Restriction of Rights) Act, 1966, and the Rules as amended by Amendment Rules, 1970, came into effect.
• While the right to freedom of association is fundamental, recognition of such association is not a fundamental right.

Parliament can by law regulate the working of such associations by imposing conditions and restrictions on their functions, the court held. In K. Rangarajan v. Government of Tamil Nadu (2003), the Supreme Court held that the employees have no fundamental right to resort to strike.Further, there is prohibition to go on strike under the Tamil Nadu Government Servants’ Conduct Rules, 1973.