Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Legality of Strike - A strike is deemed illegal if it does not comply with statutory requirements, such as giving notice in prescribed form and within specified timeframes. An illegal strike is defined as one commenced or continued without proper notice or in violation of legal provisions. For instance, the Act specifies that notice must be in Form I and sent by registered post, and a strike called without adhering to these procedures can be declared illegal ["Savita Chemicals (P) Ltd. v. Dyes and Chemical Workers' Union and Another - Supreme Court"].
Legal Status of Strike - The mere act of participating in a strike does not automatically render it illegal; its legality depends on adherence to statutory procedures and whether it is declared illegal by authorities. For example, a strike that is not declared illegal by the department is not automatically unlawful, and deductions from wages during such strikes are subject to legal scrutiny ["G.KUPPUSAMI vs THE REGIONAL JOINT REGISTRAR - Madras"].
Impact on Wage Deductions - Wage deductions for periods of strike are only legal if the strike is declared illegal. If a strike remains undeclared or unrecognized as illegal, deductions may be contested. The law permits deductions for illegal strikes, but the justification must be adjudicated, and deductions for justified or legal strikes are permissible ["Mechanical Superintendent the Visakhapatnam Port Trust and Others v. Authority under the Payment of Wages Act Visakhapatnam and Others - Andhra Pradesh"].
Court and Authority Judgments - Courts have recognized that a strike's legality hinges on compliance with legal procedures. When a strike is called in violation of statutory provisions, it is deemed illegal, and wage deductions during such periods are justified. Conversely, strikes that follow proper procedures are considered lawful, and deductions are not automatically permitted ["Assam Carbon Workers And Employees Union A Regd. Trade Union Under The Trade Union Act, 1926 – Assam VS The Management Of Assam Carbon Products Ltd - Gauhati"].
Right to Strike and Restrictions - While employees have a right to strike, this right is not absolute. The Supreme Court has explicitly held that lawyers, for example, have no right to go on strike or boycott, emphasizing that strikes in certain sectors (like judiciary) are unlawful and can be viewed as contempt ["In Re : VS District Bar Association of Prayagraj - Allahabad"], ["Ramsiya VS State of Madhya Pradesh - Madhya Pradesh"].
Consequences of Illegal Strikes - Strikes declared illegal can lead to penalties such as wage deductions and disciplinary actions. The law also considers strikes that are not declared illegal as lawful, provided procedural requirements are met. Unlawful strikes that disrupt administration or violate legal provisions are liable to be declared illegal and may attract sanctions ["Balagopalan G. v. State of Kerala and Others - Kerala"].
Strike and Disqualification in Legal Contexts - In legal cases, dismissals or judgments based on procedural violations related to strikes (e.g., participating in an illegal strike) can be considered as grounds for disciplinary action or as a strike count under certain statutes like the PLRA. Dismissals based on legal grounds or procedural violations are sometimes treated as strikes, but dismissals based solely on immunity or other non-strike grounds are not counted ["Griffin vs Carnes - Second Circuit"], ["Griffin vs Carnes - Second Circuit"].
Summary and Conclusion - Participation in a lawful strike, conducted in accordance with statutory procedures, is protected and not considered illegal. However, strikes that violate legal requirements or are declared illegal by authorities can be classified as illegal strikes, justifying wage deductions and disciplinary measures. The legality of a strike depends on adherence to prescribed procedures, and courts have consistently emphasized that unauthorized or procedural violations render strikes unlawful ["Savita Chemicals (P) Ltd. v. Dyes and Chemical Workers' Union and Another - Supreme Court"], ["G.KUPPUSAMI vs THE REGIONAL JOINT REGISTRAR - Madras"], ["Mechanical Superintendent the Visakhapatnam Port Trust and Others v. Authority under the Payment of Wages Act Visakhapatnam and Others - Andhra Pradesh"], ["Assam Carbon Workers And Employees Union A Regd. Trade Union Under The Trade Union Act, 1926 – Assam VS The Management Of Assam Carbon Products Ltd - Gauhati"], ["Griffin vs Carnes - Second Circuit"].
References:- ["Savita Chemicals (P) Ltd. v. Dyes and Chemical Workers' Union and Another - Supreme Court"]- ["G.KUPPUSAMI vs THE REGIONAL JOINT REGISTRAR - Madras"]- ["Mechanical Superintendent the Visakhapatnam Port Trust and Others v. Authority under the Payment of Wages Act Visakhapatnam and Others - Andhra Pradesh"]- ["Assam Carbon Workers And Employees Union A Regd. Trade Union Under The Trade Union Act, 1926 – Assam VS The Management Of Assam Carbon Products Ltd - Gauhati"]- ["Griffin vs Carnes - Second Circuit"]- ["Griffin vs Carnes - Second Circuit"]- ["Quintez Talley vs Pushkalai Pillai - Third Circuit"]- ["Glacier Northwest Inc. vs Teamsters - Supreme Court"]- ["Ramsiya VS State of Madhya Pradesh - Madhya Pradesh"]- ["Rahul Singh Jadon VS State of Madhya Pradesh - Madhya Pradesh"]- ["Assam Carbon Workers And Employees Union A Regd. Trade Union Under The Trade Union Act, 1926 – Assam VS The Management Of Assam Carbon Products Ltd - Gauhati"]- ["Prescott vs UTMB - Fifth Circuit"]- ["SECRETARY OF STATE FOR BUSINESS AND TRADE (RESPONDENT) vs MERCER (APPELLANT) - Supreme Court United Kingdom"]- ["Horace Crump vs Jane Blue - Sixth Circuit"]
In legal proceedings, parties often seek swift resolutions to baseless or abusive claims. A common question arises: Can you strike out claims under Indian law? (noting the query can you strike u likely refers to striking out pleadings). This power allows courts to dismiss untenable claims early, preventing abuse of process. However, it's exercised with extreme caution. This post breaks down the principles, criteria, and judicial approach, drawing from established precedents. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.
Under Indian law, particularly the Rules of Court 2012, Order 18 Rule 19(1), courts may strike out claims or pleadings only in plain and obvious cases where they disclose no reasonable cause of actionP KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803. This is a serious judicial power, not to be used lightly or as a substitute for trial P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
Key principles include:- Caution is paramount: Courts emphasize restraint, ensuring triable issues proceed to full hearing P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.- Not for merits review: Applications cannot preemptively decide factual disputes P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.- Threshold test: Pleadings must be manifestly frivolous, an abuse of process, or legally unsustainable P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
For instance, allegations of conspiracy, fraud, or negligence were upheld as non-frivolous, warranting trial rather than striking out P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
Courts apply strict criteria to balance efficiency and justice:
Pleadings fail if they reveal no viable legal claim on their face P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
Claims lacking substance or pursued to harass opponents may be struck P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
Repeated, scandalous, or unsustainable pleadings qualify P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
If claims violate settled law without triable issues, dismissal follows P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
In one ruling, the court dismissed a strike-out application because claims involved triable issues, refusing premature disposal P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803. Judges reiterated: Striking out should only occur in plain and obvious cases, meaning cases where the claim is clearly untenable without trial P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
Indian courts consistently urge caution. This power isn't a shortcut; it's reserved for egregious cases. For example:- Applications were rejected where pleadings raised arguable points P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.- Courts avoid substituting trial, focusing on whether pleadings are manifestly unsustainableP KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
This aligns with broader procedural fairness, ensuring access to justice unless abuse is evident.
While strike out pertains to pleadings, legal discussions often intersect with industrial strikes, where participation can lead to disciplinary claims. Courts distinguish these but apply similar scrutiny.
In labor disputes, illegal strikes trigger consequences:- Illegal strike declarations: Employers may seek to declare strikes unlawful under the Industrial Disputes Act, 1947 (Sections 22, 23), but repeated writs are discouraged Bharat Petroleum Corporation Ltd. , rep by its Chief Manager-HRS, P. K. Mallick VS Petroleum Employees Union, rep by its General Secretary Guruswamy Buildings - 2011 Supreme(Mad) 3415. The court noted: The enforcement of rights and remedies under the Industrial Disputes Act must be sought exclusively within the statute Bharat Petroleum Corporation Ltd. , rep by its Chief Manager-HRS, P. K. Mallick VS Petroleum Employees Union, rep by its General Secretary Guruswamy Buildings - 2011 Supreme(Mad) 3415. Writ petitions were dismissed, urging managerial remedies instead.
Disciplinary enquiries for striking work: Participation in strikes can lead to charges, proven on preponderance of probabilities, not beyond reasonable doubt TATA INFOMEDIA LIMITED VS TATA PRESS EMPLOYEES UNION - 2005 Supreme(Bom) 406. Findings based on evidence (e.g., admissions) are upheld unless perverse TATA INFOMEDIA LIMITED VS TATA PRESS EMPLOYEES UNION - 2005 Supreme(Bom) 406. Labour Courts supervise under Section 11A but cannot re-appraise sufficiency if evidence exists TATA INFOMEDIA LIMITED VS TATA PRESS EMPLOYEES UNION - 2005 Supreme(Bom) 406. One case quashed Labour Court interference: There was sustainable finding of misconduct based on evidence... sufficiency not for Labour Court TATA INFOMEDIA LIMITED VS TATA PRESS EMPLOYEES UNION - 2005 Supreme(Bom) 406.
Strikes in essential services: Medical or teacher strikes are often deemed illegal. For AIIMS doctors: Strike by Medical professionals... held illegal with directions for punishment Scheduled Castes and Scheduled Tribes Medical Association (Regd. ) Delhi VS Union of India - 2011 Supreme(Del) 189. Similarly, teacher strikes harming students: Strike is definitely not the way and by no stretch of imagination it can be said that it is their fundamental or legal right Scheduled Castes and Scheduled Tribes Medical Association (Regd. ) Delhi VS Union of India - 2011 Supreme(Del) 189M. R. GUPTA VS UNIVERSITY OF DELHI - 2010 Supreme(Del) 752.
Grameen postal strikes: Strike periods lead to TRCA deductions and engagement breaks for incitement Kamal Raja Khan vs Department Of Posts - 2025 Supreme(Online)(CAT) 13381.
These illustrate how strike-related claims (e.g., disciplinary) may face strike-out if baseless, mirroring pleading standards KUMPULAN SF POWERTECH SDN BHD vs ISHAK HAJI KAMARI & ANOR - 2006 MarsdenLR 2215. Courts ensure procedural compliance, avoiding premature dismissals KUMPULAN SF POWERTECH SDN BHD vs ISHAK HAJI KAMARI & ANOR - 2006 MarsdenLR 2215.
In public sector disputes, petitioners cannot repeatedly seek declarations on strike illegality; use statutory remedies Bharat Petroleum Corporation Ltd. , rep by its Chief Manager-HRS, P. K. Mallick VS Petroleum Employees Union, rep by its General Secretary Guruswamy Buildings - 2011 Supreme(Mad) 3415.
Courts recommend restraint: Reserve strike-out for manifestly unsustainable cases P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.
Yes, claims may be struck out under Indian law, but only in clear, obvious cases of frivolity, abuse, or unsustainability P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803. Courts wield this cautiously, prioritizing trials for substantive justice. Whether pleadings or strike-related disciplinary claims, the principle endures: No shortcuts without plain untenability.
Key Takeaways:- Exercise strike-out power sparingly P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.- Criteria: No cause of action, frivolous, abuse P KALIVANN PALANIVELU & ANOR vs FROGGER CREATION SDN BHD & ORS - 2025 MarsdenLR 1803.- Strikes: Illegal ones invite discipline, but remedies statutory Bharat Petroleum Corporation Ltd. , rep by its Chief Manager-HRS, P. K. Mallick VS Petroleum Employees Union, rep by its General Secretary Guruswamy Buildings - 2011 Supreme(Mad) 3415TATA INFOMEDIA LIMITED VS TATA PRESS EMPLOYEES UNION - 2005 Supreme(Bom) 406.- Seek professional advice tailored to facts.
This framework promotes efficient, fair litigation in India.
by the settlement, the strike would be illegal. ... Illegal strike and lockout. -- In this Act, unless the context requires otherwise, -- ... (1) 'illegal strike' means a strike which is commenced or continued -- ... (a) without giving to the employer notice of strike in the prescribed form, or within fourteen days of the giving of such notice; ... (b) where ... Notice of strike. -- The notice of strike under Clause.(a) of sub-s.(1) of S.24 shall be in Form I and shal....
It also does not term the strike as illegal. Therefore, without even application of mind as to whether the strike is illegal or not, the decision is made not to pay for the period of strike. ... But Clause 44 does not refer to the nature of strike or whether such a proposed strike is in violation of Section 22 or Section 24 of the ID Act. ... The issue is as to whether the strike is legal or illegal is a matter that requires adjudication and therefore claiming that the proposed #HL_STA....
Page 7 at 675–76 (holding that a dismissal in part for quasi-judicial immunity was not a strike because “Congress’ omission of immunity-based dismissal from the strike provision in § 1915(g) evidences its intent generally not to include this dismissal ground as a strike”). ... Congress could step in to add jurisdictional dismissals to the PLRA strike provision. ... The dismissal of this action, too, does not count as a strike. A dismissal premised on Eleventh Amendment immunity does not appea....
The Respondents did not produce any such order to evidence that the strike for the period in question has been declared as illegal by the Department; when participating of strike is taken as one of the allegation in the article of strike. ... Period of strike shall be treated as under: (i) The period of strike will not only result in deduction of TRCA for the period of absence during the strike but also break in engagement on account of incitement, violence and sabotage. ... is any m....
The district court correctly concluded that Griffin I constitutes a strike. This Court has not yet addressed when a strike should accrue following a dismissal on alternative grounds. ... A dismissal of an appeal as frivolous counts as a separate strike. See Chavis v. Chappius, 618 F.3d 162, 165, 167–69 (2d Cir. 2010). Griffin II is, accordingly, a strike. III. ... The district court therefore properly assessed a strike based on Griffin I. 1 II. ... Second, considering a res....
strike. ... participate in the strike. ... In the case on hand, the call for strike had mostly affected the unorganized sector. In view of strike by the Government employees, the unorganized sector also lost their earnings on the days of the strike. ... All the employees who took part in the strike were given the opportunity to make good the loss of participating in the strike by availing eligible leave. ... Strike as a weapon is mostly misused which....
Union of India, (2003) 2 SCC 45, wherein the Constitution Bench of the Court held that lawyers have no right to go on strike or even token strike or even give a call for strike. Even prior to the judgment in Ex. ... Bar Council of Uttar Pradesh have already resolved not to go on strike, in due deference to the law declared by the Supreme Court of India, we hold that any act of individual lawyers or their association (by whatever name called) to go on strike or to give call for strike o....
The district court correctly concluded that Griffin I constitutes a strike. This Court has not yet addressed when a strike should accrue following a dismissal on alternative grounds. ... A dismissal of an appeal as frivolous counts as a separate strike. See Chavis v. Chappius, 618 F.3d 162, 165, 167–69 (2d Cir. 2010). Griffin II is, accordingly, a strike. III. ... The district court therefore properly assessed a strike based on Griffin I. 1 II. ... Second, considering a res....
from wages for the strike period was accordingly illegal. ... It may be noticed that S.9(2) does not prohibit any deduction from wages for absence from duty due to strike, justified or unjustified; on the other hand, the proviso authorises a further deduction where workers absent themselves due to illegal strike. ... Of course, in cases where further deduction is made under the proviso to S.9 (2), the Authority is bound to adjudicate upon the justification for the strike because it is only where the strike#HL_E....
relevant date for strike-counting purposes. ... But when a court dismisses a claim using two equally sufficient rationales, one of which is strike- qualifying, that claim has been dismissed on a strike-qualifying ground and its dismissal counts toward a strike. ... Because the entire action was not dismissed on strike- qualifying grounds, Pillai does not constitute a strike. See Byrd, 715 F.3d at 126; Wetzel, 15 F.4th at 280. ... The only question is whether the Court’s treatment of th....
However, one has to ponder over whether inspite of there being a legal prohibition, can any section of the society or aggrieved persons can resort to strike as a remedy. Whether it will bring the desired result which the workmen want to achieve or not is the concern of this Court.
How can one accept that students would suffer because of the teachers no holding examination and doing their duties? Strike is definitely not the way and by no stretch of imagination it can be said that it is their fundamental or legal right.”
How can one accept that students would suffer because of the teachers no holding examination and doing their duties? How can one accept that students would suffer because of the teachers no holding examination and doing their duties? But in the case at hand, the Professors and teachers have gone on strike to cripple the education system. Strike is definitely not the way and by no stretch of imagination it can be said that it is their fundamental or legal right.” It is worth noting that in certain countries a single day absence by way of strike from teaching is regarded as i....
However, one has to ponder over whether inspite of there being a legal prohibition, can any section of the society or aggrieved persons can resort to strike as a remedy. A Full Bench of the Kerala High Court reported in AIR 1997 KERALA 291 [Bharat Kumar K.Pancha and another vs. State of Kerala and others] headed by Justice K.G.Balakrishnan, [as he then was], held that no political party has right to call for a bandh. Whether it will bring the desired result which the workmen want to achieve or not is the concern of this Court.
You also struck work and participated in the said strike. "
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