suffers from a
fundamental flaw that it equates an illegal and unjustified
strike with brozen misconduct by every workman without so
much as identification ... castigating the Sabha with
irresponsible obduracy in waging an illegal and unjustified
strike. A warning of the shape of things to come was given
works were reopened, It was found that while the
strike was unjustifiable and the lock-out when it was
ordered on November ... entire wages for the period of strike and
look-out. Where, however, a strike is unjustified and is
followed by a look-out which becomes
losses. The respondent/Union and the workers resorted to illegal and unjustified strike from 23.04.1997 to 22.08.1997.
6. It is alleged that some irresponsible workers ... Labour Commissioner informing him that the workers were on illegal and unjustified strike since 13.12.99 and the production in the factory was nil. There
strikes and lockouts in public utility services.
12. Every strike is not illegal and the workers enjoy the right to resort to
strike, whenever they ... strike
wages is only when the strike is not only legal but also justified. As a
corollary, where the strike is illegal or unjustified
that the workmen involved in the present
dispute participated in an illegal strike between the period 1984 and
1986. At some stage, the employer ... totally perverse. The dismissal
from services, was therefore ex facie illegal and unjustified.
7] In the wake of dismissals, the workmen through their union
raised
created by the Union and its
members through intense agitation, an unjustified
strike, threats, and gross mass indiscipline. The
termination of the workmen occurred under ... frequent threats of
abstaining from work, which amounted to illegal and
unjustified strike action, the Assistant Labour
Commissioner, Bharuch, visited the plant
that the workmen involved in the present
dispute participated in an illegal strike between the period 1984 and
1986. At some stage, the employer ... totally perverse. The dismissal
from services, was therefore ex facie illegal and unjustified.
7] In the wake of dismissals, the workmen through their union
raised
instigated and incited other employees for restoring to illegal and unjustified strike. The respondent has also intimidated /threatened other workmen and supervisory personnel and tried ... strike (pages 37-38).
(viii) The fomenting and resorting to an illegal strike or to take part in such illegal strike is a misconduct (page
losses. The respondent/Union and the workers resorted to illegal and unjustified strike from 23.4.1997 to 22.8.1997.
6. It is alleged that some irresponsible workers ... Labour Commissioner informing him that the workers were on illegal and unjustified strike since 13.12.99 and the production in the factory was nil. There
wages for
the period of strike, the strike should be legal as well as justified. A
strike is legal if it does not violate ... strike period even if the strike
is legal. To be entitled to the wages for the strike-period, the strike has
to be both legal
