There arose a dispute between the management and two rival trade unions over the dismissal of some employees. Both the trade unions served notices for strike on the management on 21st July 2018, specifying their demands

CS Professional · Labour Laws & Practice · PYQS · December 2019
There arose a dispute between the management and two rival trade unions over the dismissal of some employees. Both the trade unions served notices for strike on the management on 21st July 2018, specifying their demands and their intention to go on strike from 10th August 2018. An attempt was made to conciliate between parties involved and conciliation proceedings lasted between 26th July 2018 to 8th August 2018. A failure report was sent to the Government by the Conciliation officer. A large number of workmen went on strike on 10th August, 2018. The management of the company alleged that they forcibly entered the company's premises and other places and obstructed the work of the loyal workers. The workmen turned violent and therefore the District Magistrate issued prohibitory orders on 10th August 2018. On the same day, the company declared a lock out. Around a week later on 19th August 2018, the trade unions called off the strike, whereas company lifted the lock out on 27th August 2018. The company suspended those workmen whom it claimed to have obstructed the loyal ones and dismissed those who were convicted for violation of prohibitory orders. The Industrial Tribunal held that the strike although illegal, was justified, and the company was not entitled to dismiss the workmen. The company was directed to reinstate the workers except those who have been convicted under Indian Penal Code. It was also directed to reinstate the workers dismissed originally due to which the dispute arose. The company wants to appeal against this order by special leave to the Supreme Court. Are wages payable to the workers for the strike period ?

Answer & Explanation:

The payment of wages for the strike period will depend on legality and justifiability of strike. If strike is legal but unjustified or justified but illegal, the employees would not be entitle to wages during strike period. The view is that for such entitlement the strike must be both legal as well as justified. This also depends upon several factors such as service conditions of workman, the cause which led to strike, the urgency of cause or demand of workman, the reason for not resorting to dispute settlement machinery under the Act or service rules/regulations etc. No wages are payable if the strike is illegal or it is unjustified. Further, if the workers indulge in violence, no wages will be paid even when their strike was legal and justified ( Dum Dum Aluminium Workers Union v. Aluminium Mfg. Co. ). The workmen must not take any hasty steps in resorting to strike. They must, first take steps to settle the dispute through conciliation or adjudication except when the matter is urgent and of serious nature. It was observed that when workmen might have waited for some time, after conciliation efforts had failed, before starting a strike, and in the meantime could have asked the Government to make a reference, the strike would be unjustified and the workmen would not be entitled to wages for the strike period.

Topics: Industrial Disputes Act, 1947

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