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What is the category in which the negotiating strategy of a strike by the government employees falls?
  • a)
    Fundamental Rights of freedom of association and expression
  • b)
    Legal right
  • c)
    Trade union right as common law
  • d)
    There is no right
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
What is the category in which the negotiating strategy of a strike by ...
Indian laws have always recognized the workers right to strike. The Supreme Court of India has invariably maintained the “right to strike” as not a fundamental right, but a legal right that workers can exercise as part of collective bargaining, wage bargaining and dispute resolution. However, several court rulings have also been in opposition to the right to strike, be it by political parties or trade unions. Some favourable court rulings on the workers’ right to strike are: the Gujarat Steel Tubes v. Mazdoor Sabha AIR 1980 SC 1896, where the right to strike was held as integral to collective bargaining and as supported by social justice. Indian laws comprising sections 22, 23, and 24 of the Industrial Disputes Act, 1947 imply that industries, such as hospitals, government departments, educational institutions and clubs, have the right to strike. Strikes may be legal or illegal, based on the procedure for strike, and it is decided by the judiciary.
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What is the category in which the negotiating strategy of a strike by ...
Negotiating Strategy of a Strike by Government Employees: Legal Right

Government employees have the legal right to negotiate their working conditions and wages through collective bargaining. When negotiations between the government and its employees reach an impasse, government employees may resort to strike action as a negotiating strategy. This negotiating strategy falls under the category of legal rights.

1. Legal Right to Strike:
Government employees, like any other group of workers, have the legal right to engage in strike action. While the right to strike is not explicitly mentioned in the Constitution of many countries, it is recognized as an essential component of the freedom of association and expression, which are fundamental rights.

2. Collective Bargaining:
Collective bargaining is the process by which employers and employees negotiate working conditions and wages. It is a fundamental right that allows workers to have a say in their employment terms. Government employees, through their trade unions, engage in collective bargaining with the government to negotiate their wages, benefits, and working conditions.

3. Impasse in Negotiations:
In some cases, negotiations between the government and its employees may reach an impasse, where both parties are unable to reach an agreement. This can occur due to disagreements over various issues, such as salary increases, working hours, or job security.

4. Strike as a Negotiating Strategy:
When negotiations reach an impasse, government employees may resort to strike action as a negotiating strategy. A strike involves a collective withdrawal of labor by the employees to put pressure on the government to meet their demands. Strikes can be a powerful tool for employees to exert their bargaining power and draw attention to their grievances.

5. Legality of Strikes by Government Employees:
The legality of strikes by government employees varies from country to country. In some countries, there may be restrictions on the right of government employees to strike due to the essential nature of their services. However, in many countries, including democratic ones, government employees have the legal right to strike.

In conclusion, the negotiating strategy of a strike by government employees falls under the category of legal rights. Government employees have the legal right to engage in collective bargaining and resort to strike action when negotiations reach an impasse. While there may be restrictions on the right to strike for government employees in some countries, it is generally recognized as a legitimate negotiating strategy.
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What is the category in which the negotiating strategy of a strike by the government employees falls?a)Fundamental Rights of freedom of association and expressionb)Legal rightc)Trade union right as common lawd)There is no rightCorrect answer is option 'B'. Can you explain this answer?
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