Page 180 - DMGT516_LABOUR_LEGISLATIONS

Unit 7: Dispute Resolution and Industrial Harmony

arbitrator, a Labour Court, Tribunal or National Tribunal, the continuance of such strike or lock- Notes
out shall not be deemed to be illegal provided that such strike or lock-out was not at its
commencement in contravention of the provisions of this Act or the continuance thereof was not
prohibited under Section 10(3) or sub-section (4-A) of Section 10-A.
According to Section 24 (3) a lock-out declared in consequence of an illegal strike or strike
declared in consequence of an illegal lock-out shall not be deemed to be illegal.

Strikes, Lockouts and Wages

The Act does not say anything about wages during a strike or lockout period but the decisions
of Tribunals have generally been as follows:

Strikes or Lockouts Wages
1. Illegal strikes No
2. Illegal lockouts Yes
3. Legal & justified strikes sometimes
4. Legal & unjustified strikes No.
[Pereira & State of Madras, H.C. Northbrook Jute Company vs. Their Workmen, 1962-1-LLJ 122; 1960-1-
LLJ 580, (S.C.)]

Notes Punishment for Illegal Strikes
The workers have a right if not a fundamental right, to go on strike. If a strike is illegal the
party guilty of the illegality is liable to punishment under Section 26 of the Act. Even in
case of illegal strikes a distinction has been attempted to be made between (i) illegal but
justified strike; and (ii) illegal and unjustified strike. How can strike, which is illegal be at
the same time justified. It is said that a strike may be technically illegal because it is in
contravention of the provision of this Act but because the causes that lead to a strike are
often mixed question of legal and illegal demands, a strike may not be unjustified but the
conduct of workmen may be objectionable, or their behaviour may be violent. On the
other hand a strike may be illegal but it might have been taken recourse to for good
reasons and carried on in an orderly and peaceful manner. It is for these reasons that even
illegal strikes are classified as justified and unjustified by those who administer industrial
law.
Crompton Greaves vs. Their Workmen is a leading case on this point. In this case it was
held that in order to entitle the workmen to wages for the period of strike, the strike
should be legal as well as justified. A strike is legal if it does not violate any provision of
the statute. A strike cannot be said to be unjustified unless the reasons for it are entirely
perverse or unreasonable. The use of force or violence or acts of sabotage resorted to by
the workmen during a strike, disentitle them to wages for the strike period. Where, before
the conclusion of the talks for conciliation which were going on through the instrumentality
of Assistance Labour Commissioner, the company retrenched as many as 93 of its workmen
without even intimating to the Labour Commissioner that it was carrying out its proposed
plan of effecting retrenchment of the workmen, the strike cannot be said to be unjustified.

Whether the strike is legal or illegal, the workers are liable to lose wages for the period of
strike. During the period of strike, the contract of employment continues but the workers
Contd...

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