A SOCIO- LEGAL STUDY OF WORKMAN'S RIGHT TO PROTEST: CHALLENGES AND REMEDIES

Every individual including workman have the fundamental right to protest. These protests can be demonstrated in a number of ways. However, the underlying rule remains that any resistance must be restricted for ensuring public order in the society.  When an individual gets employment in a workplace, he/she becomes a workman of that particular industry bearing certain duties as a part of code of conduct. Once an individual becomes a workman, some additional duties and rights are created both on the part of the workman and the industry. This article aims to understand the differences between a workman’s right to protest and a workman’s right to strike. It explains at length the legality, contents and the extent of such a right. It is important for us to understand the circumstances in which an employer can curtain a workman’s right to speech and to form associations. During any conflicting situation, it becomes very difficult to control a mobilising group of workmen who resort to extreme measures and disrupt the functioning of an industry to demonstrate their point of view. While on one hand workman have the fundamental right to protest and a legal right to strike but they have a corresponding duty to not resort to disruption and violence. It is important to understand the legal standpoint in this situation so that there is a clarity as to the extent of the rights and duties of workman and authorities to ensure that protests in a peaceful manner. Further the article articulates suggestions considering the contemporary issues at hand.  

Keywords: Workman, employer, industry, strike, protest etc.