Section 121: Right to strike for settlement of collective disputes

1) The collective bargaining committee may, if any of the following circumstances exists, organise a strike for the settlement of any collective dispute:

(a) If there exists no circumstance requiring compulsory arbitration pursuant to sub-section (1) of Section 119,

(b) If the arbitrator fails to perform the arbitral functions,

(c) If an arbitration panel could not be formed within twenty-one days from the date of application to the Ministry or a decision is not made requiring arbitration,

(d) If an award is not given by the arbitrator within the prescribed time,

(e) If the employer refuses to enforce the arbitral award or challenges such an award on legal grounds,

(f) If, except where compulsory arbitration is to be made, any party disagrees with the arbitral award pursuant to sub-section (2) of Section 122.

2) In order to make a strike pursuant to sub-section (1), a written notice along with the claims, demands, and specifying the date from which the strike is to commence shall be submitted to the employer in advance of thirty days and information thereof shall also be given to the local administration and the concerned Labour Office.

3) Notwithstanding anything contained elsewhere in this Act, if the Ministry gives an order for the settlement of the dispute through arbitration pursuant to sub-section (2) of Section 119 after the notice on strike is given or the strike is commenced pursuant to sub-section (2), they shall postpone such a strike and participate in the arbitral process.

4) Notwithstanding anything contained elsewhere in this Act, the labourers deputed as sentries and guards for the security of the enterprise shall not be allowed to participate in the strike and do any act referred to in Section 125 during the time when they are assigned on duty.