In what cases wages for the Strike period are paid?

Pursuant to the provisions of the Industrial Dispute Acts, 1947, the payment of wages for the strike period will depend upon whether the strike is justified or unjustified. This also depends upon several factors such as service conditions of workmen, the cause which led to strike, the urgency of cause or demand of workmen, 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. Thus, in the case of Chandramalai Estate v. Workmen , it was observed that when workmen might well 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. In the case of Crompton Greaves Ltd. v. The Workmen it was observed that for entitlement of wages for the strike period, the strike should be legal and justified. Reiterating this position, the Court held in Syndicate Bank v. Umesh Nayak that where the strike is legal but at the same time unjustified, the workers are not entitled for wages for the strike period. It cannot be unjustified unless reasons for it are entirely perverse or unreasonable. The use of force, violence or acts of sabotage by workmen during the strike period will not entitle them for wages for the strike period.