THE STATESMAN LTD. versus THEIR WORKMEN

THE STATESMAN LTD. versus THEIR WORKMEN

Given the illegal strike followed by a legal lock-out, and the subsequent conciliatory conduct by workmen, the Tribunal's apportionment of blame and order for payment of half wages during the strike period is reasonable and calls for no interference. The Supreme Court, applying Article 136 standards, found no grave injustice or exceptional circumstances warranting interference.

Parties
Appellant: The Statesman Ltd.; Respondents: Their Workmen
Jurisdiction
India
Judgment Date
22 January 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award of the 5th Industrial Tribunal, West Bengal
Outcome
Appeal dismissed
Legal Topics
Strike, Lockout, Award of Industrial Tribunal, Wages During Strike/lockout, Canteen Allowance, Workplace Clothing
Labour Law Industrial Disputes Strike Lockout Award of Industrial Tribunal Wages During Strike/lockout Canteen Allowance Workplace Clothing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Statesman Ltd.

Appellant

Their Workmen

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Award of the 5th Industrial Tribunal, West Bengal

Legal Issues

  1. 1 Whether the management is required to pay wages during the period of illegal strike followed by lock-out.
  2. 2 Whether Tribunal's direction to pay half the wages is reasonable given the facts.
  3. 3 Scope of interference by Supreme Court under Article 136 on industrial awards.

Ratio Decidendi

Given the illegal strike followed by a legal lock-out, and the subsequent conciliatory conduct by workmen, the Tribunal's apportionment of blame and order for payment of half wages during the strike period is reasonable and calls for no interference. The Supreme Court, applying Article 136 standards, found no grave injustice or exceptional circumstances warranting interference.

Court Disposition

Appeal dismissed

Orders

  • Management to pay half wages to employees for period from September 20, 1966 to November 7, 1966.
  • Company to pay tiffin allowance at the rate of 50 paise per working day to staff canteen employees.