Importance Of Picketing

PICKETING AND STRIKE

Picketing is the marching to and fro before the premises of an establishment involved in a dispute, generally accompanied by the carrying and display of a sign, placard or banner bearing statements in connection with the dispute. It is different from a strike under the Industrial Disputes Act, 1947 as the latter refers to the cessation of work by the people employed in an industry. Strikes hamper the economic development of a state as the functioning of industries is impeded and this is the reason for the Supreme Court not identifying it as a fundamental right in All India Bank Employees Association Case and other cases . No law in India enables workers to go on a strike and only appropriate legal disabilities on the

It is this freedom which a group, protesting for the protection of its rights, seeks to achieve. A legal right is an interest which is recognized and protected by law. The purpose of picketing is to either stop or persuade workers not to go to work or to make the public aware of the dispute and associated problems. Authorities should refrain from any interference which would restrict this right of peaceful assembly. The trade unions should be able to hold meetings freely for the discussion of trade union matters and disputes without the need for previous authorization and without interference by public authorities. In Himmat Lal Shah v. Commissioner of Police, Ahmedabad the Supreme Court held that even before the adoption of the Constitution, a citizen had the right to assemble or hold meetings for a purpose or as a symbol of revolt.

Within certain limits, picketing or demonstration can be regarded as the manifestation of a citizen’s freedom of speech and expression. Peaceful picketing is free speech and a non-violent act of persuasion. Even disorderly demonstrations and protests are within the ambit of freedom of speech and expression. In strengthening individual participation in democratic decision making, the freedoms of speech, expression, assembly, association and movement need to be employed in a concerted manner. These social purposes address to the

Peaceful picketing is not strictly covered by the above mentioned provision. If the manner of picketing ceases to be peaceful or causes obstruction or annoyance or endangers public peace, picketing ceases to be lawful. Thus, if a picket commits private annoyance, as by violently and continuously banging the doors, shouting, insulting, obstructing ingress or egress or otherwise seriously interfering with the enjoyment of factories or business premises, by those thereto entitled, or if a picket commits public annoyance, such as behaving in a manner calculated to cause breach of the peace, unreasonably obstructing highway, the right to picketing ceases, and nothing protects the picketers from civil or criminal liabilities or their unlawful