LABOUR COMMISSIONER, MADHYA PRADESH vs BURHANPUR TAPTI MILLS AND OTHERS

The Supreme Court held that under Section 42(1)(g) of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, an employer can take action against an employee if the employer believes the strike is illegal, without waiting for a declaration from the State Industrial Court or District Industrial Court. The Court clarified that the term 'rendered illegal' is distinct from 'held illegal', allowing employers to act based on their assessment of the strike's legality. The Labour Commissioner has the jurisdiction to decide on the legality of a strike when raised in proceedings under Section 16 of the Act.