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september 1994

Supreme Court of India · 1994-09-13

SYNDICATE BANK vs SHRI K. UMESH NAYAK

Citation / case number
SC 1989/69785
Court
Supreme Court of India
Petitioner
SYNDICATE BANK
Respondent
SHRI K. UMESH NAYAK
Author
P.B.SAWANT
Bench
KULDIP SINGH,P.B. SAWANT,S. MOHAN,G.N. RAY,N.P. SINGH

Judgment text excerpt

The Supreme Court referred to a Constitution Bench to resolve conflicting opinions on whether workmen are entitled to wages during strikes, legal or illegal. The Court clarified that both the legality and justification of a strike are necessary for wage entitlement, aligning with the principles established in Churakulam Tea Estate (P) Ltd. v. Workmen and Crompton Greaves Ltd. v. Workmen. The Court held that if a strike is illegal but justified, or legal but unjustified, employees are not entitled to wages for the strike period, thus resolving the apparent conflict with Bank of India v. T.S. Kelawala.

SYNDICATE BANK vs SHRI K. UMESH NAYAK · Niyam