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It has been held by the Indian Supreme Court that the Constitution of India adopts the doctrine of Separation of Powers as recognized to Western Constitutionalism. It is properly recognized that the VII Schedule of the Constitution bargains legislative powers as distributed between the Union and State Governments. It is clear that Entry 22 in Concurrent List bargains with labour relations [13]. When the Constitution had conferred the precise power to deal with labour relation to specific organs, can the Supreme Court act as a metal-constitutional organ and usurp the powers provided to the other organs? Pronouncing an opinion on the proper of workers to strike is an act of legislation and the act of the Supreme Court in pronouncing its view is a judicial legislation, which must be frowned by the competent legislative forums. It is unnecessary to add to the informed readers that the finding of Supreme Court in the present situation that the workers do not have any moral or equitable correct to strike is just trivial and do not deserve any discussions. Even the international instruments emphasise that denial of such rights would quantity to violation of simple labourers rights. Post eight(1)(d) International covenant on Economic, Social and Cultural Rights [14] states that the State Parties to the present covenant undertake to guarantee the right to strike, supplied that it is exercised in conformity with the laws of the distinct country. Sub Sec.(2) of Write-up eight additional states that this write-up shall not avert the imposition of lawful restrictions on the exercise of these rights by members of armed forces or of police or of the administration of the State [15]. It is pertinent to note that Sub Section (3) of Write-up 8 does not authorise legislative measures to curtail the rights of workers [16]. But we are facing a predicament wherein judiciary, essentially a physique to adjudicate, has pronounced measures to curtail the rights of workers. The power to deal with the international relations had been conferred to Union Government beneath entries 12, 13 and 14 of union list in Schedule VII of the Constitution. Then how can a domestic judicial organ jeopardise the finely held obligations be made valid. That implies it has given a go-bye by the Supreme Court in pronouncing such a ruling. From this it is quite clear that the Supreme Court acted in an place in which it does not have any jurisdiction at all and in the light of earlier observation on the judgement, it is unnecessary to have any discussions on such ruling and that ruling does not have any force of law. a guide to attorney marketing There are other conventions that emphasises the workers correct for collective bargaining, which consists of appropriate to strike. The Committee on freedom of Association, which examined the workers appropriate to strike below the provisions of ILO, had provided a obtaining that the strikes are recognised as legitimate weapons in furtherance of members interest [17]. The Committee further states that any general provision would recognise the proper of state staff to go for a strike with restrictions, although such restrictions shall not prohibit the right to strike. Going a step additional, the Committee also recommended that the workers organisation ought to not be prevented from striking against the social and economical policy of the Government [18]. Even a legislation that replaces the employees who are beneath strike with new recruits would seriously influence the rights of trade unions. Concluding the above recommendation, the Committee mentioned that the proper is not absolute and may possibly be restricted in exceptional circumstances or even prohibited for specific categories of workers, in particular, certain public servants on the condition that compensatory guarantees are provided to such public staff [19].