MAN INDUSTRIAL CORPORATION LTD Vs. JUDGE INDUSTRIAL TRIBUNAL
HIGH COURT OF RAJASTHAN
MAN INDUSTRIAL CORPORATION LTD
JUDGE INDUSTRIAL TRIBUNAL
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D.P.GUPTA, J. -
(1.)THIS writ petition has been filed against the award passed by the Judge. Industrial Tribunal No. II, Rajasthan, Jaipur (hereinafter referred to as 'the Tribunal') dated April 14, 1975, allowing the workmen one half wages for the strike period.
(2.)THE undisputed facts are that the workmen of the Man Industrial Corporation Limited, Jaipur (hereinafter called 'the Corporation') went on strike on August 16, 1969, along with the workmen in other Engineering Industries. The strike in the Corporation continued upto October 8, 1969 as the workmen demanded implementation of the recommendations of the Wage Board, while the employers were disputing the demand made by the workmen. After the strike was over, the workmen raised an industrial dispute regarding the wages for the strike period from August 16, 1969 to October 8, 1969. The State Government referred the aforesaid demand of the workmen relating to the wages for the strike period to the Industrial Tribunal No. II, Jaipur. The Tribunal by its Award dated April 14, 1975 held that the strike was prima facie justified, but the workmen were also equally to blame as they exaggerated the demand, which the management with its small sources could not have met. Thus, according to the Tribunal the blame for non -implementation of the recommendations of the Wage Board should be shared equally, both by the management and the workman. As such, the Tribunal awarded the workmen one half wages for the strike period from August 16, 1969 to October 8, 1969, payable in three instalments.
In this writ petition it has been urged by the learned Counsel for the employer that the strike was in contravention of the provisions of Section 23(b) of the Industrial Disputes Act, 1947 'hereinafter referred to as 'the Act') and as the strike was illegal, there was no question of payment of wages for the strike period, merely on the alleged ground of justifiability of the strike. It was urged by the learned Counsel that the strike should not only be justified, but it should also not be illegal, so as to entitle the workmen to claim wages for the strike period.
(3.)SECTION 23(b) of the Act reads as under:
23. General prohibition of strikes and lock outs No workmen who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workmen shall declare a lock out: (a) xx xx xx(b) during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings;(bb) xx xx xx(c) xx xx xx
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