- (1.) On the question whether workmen, who proceed on strike which is ultimately found to be justified and legal, can be denied their wages for the strike period, there seems to be a difference of opinion. The latest judgment of this court in Bank of India v. T. S. Kelawala takes a view that the workmen are not entitled to wages even if the strike is not found to be illegal. The High court has, however, relied on an earlier judgment of this court which is of a larger bench reported in Churakulam Tea Estate (P) Ltd. v. Workmen wherein this court observed: (SCR 941) "The strike must be held to be neither illegal nor unjustified and in consequence it must be further held that the factory workers are entitled to wages for that day. "
(2.) The same view was reiterated by a two Judge bench in Crompton Greaves Ltd. v. Its Workmen Since the decision in Bank of India case is From the Judgment and Order dated 19/12/1990 of the High court of Madras in W. A. No. 930 of 1990 of a two Judge bench and the attention of their Lordships was not invited to this court's earlier decision in Churakulam Tea Estate case on which the impugned judgment is based, we think that it is necessary that a larger bench reconsider the correctness of the ratio laid down in the subsequent decision on which strong reliance is placed by the learned Attorney-General. We, therefore, grant special leave and direct that this matter be placed before a larger bench for decision. Since the strike was for only one day, we do not continue the interim stay, but the payment will be subject to the result of the appeal. The stay granted earlier will stand vacated. Court Masters;