(1.) THIS writ petition has been filed as a public interest litigation raising two fold contentions. The first contention is that continuation of strike by the Government servants in Bihar is illegal and for which an appropriate action is required to be taken against them and the second contention is that considering the global financial meltdown and economic condition of the country the salary of the Government servants should not be increased.
(2.) CONCERTED refusal under a common understanding by a group of employees constitute strike. Strike usually used as a weapon directly against the employer for redressal of the grievances of the employees. This right to strike without violating law and service conditions is not banned. In Morgan v. Fry, Lord Denning MR (1968) 3 WLR 506 observed as follows:
(3.) IN Syndicate Bank v. K. Umesh Nayak, air 1995 SC 319 : (1994) 5 SCC 572 : 1994-II-LLJ-836 the Supreme Court has held as follows at p. 849 of LLJ: