The right to strike is recognized in law only if it is peaceful and subject to reasonable restrictions, and a balance must be struck between the interests of the workers and the management to ensure peaceful activities.

JUDGMENT

1. In compliance to the directions passed by this Court on 2.2.2018, respondent No. 3 has filed the status report wherein the details of the progress of the work, from time to time, has been set-out. Apart from that, it has also been mentioned that the excavation activities in Package-I has since been nearing completion and on 23.2.2018 hardly about 200 meters of excavation activity spreading in four different locations was to be executed, therefore, the Mechanical/technical staff and also the drivers/operators, supervisors engaged by respondent No. 3 - Company numbering 40 were disengaged by paying all the dues including salaries as also one month advance salary in lieu of notice period alongwith gratuity etc. by remitting the same to their respective bank accounts.

2. However, to the utter surprise of respondent No. 2, these 40 persons ever since the date of their disengagement have indulged in illegal and unlawful activity of Dharna, Gheraoing etc. and are repeatedly and continuously gathering and assembling at Camp Site at Chhaila, the location where the different activities of the balance unexecuted work are being undertaken and are further indulging in slogan shouting, intimidating and threatening the staff and are not even letting the remaining work force numbering about 200 to carry out any activity.

3. These disengaged persons have not even withdrawn from the project camp site at Chhaila and are forcibly occupying the accommodation which had earlier been provided to them and are indulging in illegal activities from that site. On account of this, the work in Package-I has also come to a grinding halt and the project site at Chhaila has been rendered meaningless for carrying out any activity as the aforesaid persons and their associates have even stopped the ingress and outgress of other machinery.

4. It was on account of these averments that this Court vide order dated 7.3.2018 adjourned the matter for 8.3.2018 to enable the learned Advocate General to obtain instructions with regard to these averments.

5. Today, the learned Advocate General has categorically stated that the State as duty bound is ready to provide all assistance to respondent No. 3, so as to ensure that there is no hindrance created by any person(s) in the smooth execution of the work.

6. In the given circumstances, without going into the merits of the progress report as filed alongwith the status report, we would only determine as to whether 40 persons whose services the respondent No. 3 claims to have disengaged have an absolute right to go on strike and can create hindrance in execution of the work.

7. Ordinarily, the Members of Trade Unions and Industrial Workers covered by the provisions of Industrial Disputes Act, 1947, Industrial Employees Standing Orders, 1946, Trade Union Act, 1926 and host of other legislations can resort to strike as one of the modes of recognized form of expression. However, the strikers must obey civilized norms in the battle and not be vulgar or violent hoodlums.

8. This was so held by the Hon''ble Supreme Court in Gujarat Steel Tubes Ltd. and others v. Gujarat Steel Tubes Mazdoor Sabha and others, (1980) 2 SCC 593 and the relevant observations reads thus:-

"129. A selective study of the case-law is proper at this place. Before we do this, a few words on the basis of the right to strike and progressive legal thinking led by constitutional guidelines is necessitous. The right to union, the right to strike as part of collective bargaining and, subject to the legality and humanity of the situation, the right of the weaker group, viz., labour,to pressure the stronger party viz., capital, to negotiate and ender justice, are processes recognised by industrial jurisprudence and supported by Social Justice. While society itself, in its basic needs of existence, may not be held to ransom in the name of the right to bargain and strikers must obey civilized norms in the battle and not be vulgar or violent hoodlums, industry,