I. THE RIGHT OF LAWYERS TO GO ON STRIKE
This section will analyze the issue of whether lawyers have a right to strike. The legal position with respect to the right of lawyers seems clear after the cases of Harish Uppal and even Common Cause : lawyers have no right to strike. In this part, a review of case law will help articulate the legal position with respect to strikes by lawyers.
In Harish Uppal v. Union of India, the Court stipulated that:
“[…] lawyers have no right to go on strike or give a call for boycott, not even on a token strike.
The Court went on to say that if a protest is required, it can only be done by issuing statements in the press, television interviews, wearing coloured arm bands, carrying banners, placards, peaceful gatherings, fasts, etc. outside the court premises. It said that lawyers holding vakalats “cannot refuse to attend Courts in pursuance to a call for strike or boycott.” If such lawyers do not attend court proceedings, then they would be personally liable to pay costs and even damages to his client. It urged lawyers to “boldly refuse” any invitation to strike. Further, it held that the Bar Association or Council cannot allow any meeting for deliberating a call for boycott. The Association cannot compel or threaten lawyers to join the strike and cannot impose any penalties on a lawyer refusing to participate in a strike. It stated that Courts had a duty to proceed with the matters before them and had absolutely no compulsion to adjourn these matters because lawyers are on strike.
In Mahabir Prasad Singh v. Jacks Aviation Pvt. Ltd., the Court while upholding the judicial process stated that:
“Judicial function cannot and should not be permitted to be stonewalled by browbeating or bullying...
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...or national lawyer strike because of police-lawyer violence”, Legally India, March 08, 2013. Available at: http://www.legallyindia.com/201303083501/Bar-Bench-Litigation/bci-calls-for-national-lawyer-strike-because-of-police-lawyer-violence
18. Prachi Shrivastava, “Orissa, Madras lawyers on double hunger strike ‘unto death’ over bench, language, as Mumbai strikes ‘successful’.”, February 06 2014. Available at: http://www.legallyindia.com/201402064319/Bar-Bench-Litigation/orissa-madras-double-hunger-strike
19. Abhinav Garg, “Lawyers strike to bail themselves out”, The Times of India, January 08, 2009. Available at: http://timesofindia.indiatimes.com/city/delhi/Lawyers-strike-to-bail-themselves-out/articleshow/3949016.cms
Reports:
Law Commission of India - One hundred and thirty first report. Available at: http://lawcommissionofindia.nic.in/101-169/Report131.pdf
...t everyone has a job to do. Lawyers are—and should not be—an exception to that rule.
Riccardi, Michael (1998) “Dennis: Get Rid Of Challenges Without Cause” The Legal Intelligencer, Oct. 14: pg 1.
against their employers, employees were able to go on strike and prove a point. Some
In the case Lechmere, Inc. v. National Labor Relations Board, 502 U.S. 527 (1992), Lechmere was a large retail store located in a plaza that also contained several smaller satellite stores. In this case the union filed an unfair labor practice against Lechmere for violating Section 7 of the NLRA for not allowing its non-employee organizers to distribute literature on the companies parking lot. There was not sufficient area for on public property for these organizers to be able to speak with employees. In this case the NLRB ruled in favor of the union stating that “The right to distribute is not absolute, but must be accommodated to the circumstances, where it is impossible or unreasonably difficult for a union to distribute organizational literature to employees entirely off the employer’s premises, distribution on a nonworking area, such as the parking lot and the walkways between the parking lot and the gate, may be warranted.”
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
It has been said that we are living in a democratic country where we are free to do as we wish but there are certain things that you can arrested for if you do, like speaking against the PM or walking naked in the streets. Even if they say that we are free, we are still somewhat in bondage by social order. In this case the court acts as the “Me” and the individual as the “I.” The “Me” is the one responsible to keep the “I” in
Since 15th century, barristers have been split up into two professions in United Kingdom, Barristers and Barristers. Barristers have traditionally been the people who research cases, deal with clients directly, and Barristers have had the rights of advocate in courts. Hence, Barristers' ethical duties are very important to the court and the client, and this is an essay to discuss the duties to the court, clients and conflicts in between.
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
Sack, Kevin. "Strict Rules on Death Penalty Are Urged by Lawyers' Group." The New York Times V 144 (31 Dec 1994): A28.
Firefighters put out fires and save people from aflame properties or crumbling buildings, police officers enforce the law and put the individuals who break the law in prison to help make the streets safer, teacher’s educate schoolhouse children of all ages and care and mold them into becoming well-rounded citizens ready to enter society and offer their skills, doctors, nurses, and hospital staff cure and treat the sick, one thing they all have in common is that they all serve the public and yet they are not allowed to strike when things within their place of work are not proper.
In conclusion, laws should not be followed if one disagrees with them or believes they do not make justice. We should have the right to speak out for what we want. If one does not agree ith something, they should be able to keep
Marshall, Burke . "The Protest Movement and the Law." Virginia Law Review 51.5 (1965): 785-
Premised on the above insinuations, this paper seek to affirm the merits of alternative dispute resolution (ADR) over the conventional litigation system in other to debunk the opinion of liberal culture which positions adversarial procedures as an ideal dispute resolution mechanism.
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.