Strike‖ means a cessation of  work by a body of  persons employed in any industry acting  in combination, or a concerted refusal, or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment. [Section 2(q)]

The following points may be noted regarding the definition of strike:

• Strike can take place only when there is a cessation of work or refusal to work by the workmen acting in combination or in a concerted manner.
• A concerted refusal or a refusal under a common understanding of any number of persons to continue to work or to accept employment will amount to a strike.
• The striking workman, must be employed in an ―industry‖ which has not been closed down.
• Even when workmen cease to work, the relationship of employer and employee is deemed to continue albeit in a state of belligerent suspension.

TYPES OF STRIKE AND THEIR LEGALITY

• Stay-in, sit-down, pen-down or tool-down strike

In all such cases, the workmen after taking their seats, refuse to do work. Even when asked to leave the premises, they refuse to do so.

All such acts on the part of the workmen acting in combination, amount to a strike. Since such strikes are directed against the employer, they are also called primary strikes.

(ii)  Go-slow

Go-slow does not amount to strike, but it is a serious case of misconduct.

(iii)  Sympathetic strike

Cessation of work in the support of the demands of workmen belonging to other employer is called a sympathetic strike.

This is an unjustifiable invasion of the right of employer who is not at all involved in the dispute. The management can take disciplinary action for the absence of workmen.

(iv)  Hunger strike

Some workers may resort to fast on or near the place of work or residence of the employer. If it is peaceful and does not result in cessation of work, it will not constitute a strike.

But if due to such an act, even those present for work, could not be given work, it will amount to strike

(v)  Work-to-rule

Since there is no cessation of work, it does not constitute a strike.

LEGALITY OF STRIKE

The justifiability of strike has no direct relation to the question of its legality and illegality.

The justification of strikes has to be viewed from the stand point of fairness and reasonableness of demands made by workmen and not merely from stand point of their exhausting all other legitimate means open to them for getting their demands fulfilled.