Wages For Strike Period
Whether the strike is justified or unjustified decides the payment of wages for strike period. This also depends upon several factors such as service conditions of the 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. (1994-SCC-1197).
No wages are payable if the strike is illegal or it is unjustified. Further, if the workers indulge in violence, no wages will be payable even when their strike was justifiably legal. 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, 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 have the entitlement to wages for the strike period.
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, that where the strike is legal but at the same time unjustified, the workers are not entitled to wages for the strike period. It cannot be unjustified unless reasons for it are entirely perverse or unreasonable.
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