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.