INDIA GENERAL NAVIGATION AND RAILWAY CO. LTD. vs THEIR WORKMEN

The Supreme Court held that participation in an illegal strike in a public utility service cannot be justified under the Industrial Disputes Act, 1947, specifically sections 17, 17A, 22, and 24(3). The Court emphasized that the measure of punishment for such participation must be determined on an individual basis, distinguishing between mere participants and those engaging in obstructive or violent behavior. The Court modified the Industrial Tribunal's award, reducing the reinstated workmen's wages and allowances by half, and affirmed that the Industrial Disputes Act is subject to the Constitution, particularly Article 136, which grants the Supreme Court overriding powers.