| Citation | AIR 1960 SC 902 |
| Date of Judgment | 5 April 1960 |
| Court | Supreme Court of India |
| Case Type | |
| Appellant | Management of Chandramalai Estate |
| Respondent | Its Workmen |
| Bench | K Dasgupta, K Wanchoo, P Gajendragadkar |
| Referred | Industrial Dispute Act |
FACTS OF THE CASE
On August 9, 1955 the union of workmen of Chandramalai Estate submitted to the Manager of the Estate containing 15 demands. Management agreed to fulfill some of the demands but the principal demands remained unsatisfied. On August 29, 1955 the Labour Officer, Trichur advised mutual negotiations between the representatives of the management and the workers. The matter was recommended to the Conciliation Officer, Trichur for conciliation. On November 30, 1955 the workers gave a notice of strike with effect from 9 December, 1955 and it ended on 5 January, 1956. On October 17, 1957, Industrial Tribunal, Ernakulam granted workmen’s demands on all issues. So, an appeal was made by the management of Chandramalai Estate against the Tribunal’s award.
ISSUES
- Was the price realised by the management for the rice sold to the workers after decontrol excessive; and if so, are the workers entitled to get refund of the excessive value so collected?
- Are the workers entitled to get cumbly(appropriate) allowance with retrospective effect from the date it was stopped and what should be the rate of such allowance?
- Are the workers entitled to get wages for the period of the strike?
TRIBUNAL’S DECISION
Tribunal held that the management had charged more than the cost price and it had been refunded. The Tribunal awarded Rs 39 per workmen as an appropriate allowance. They held that the strike happened because of both parties, so the management has to pay workmen 50% of their total emoluments for the strike period. The workmen were not entitled to get the wages for the period of the strike.
JUDGEMENT
The court held that strike is legitimate and it is sometimes unavoidable in the hands of labour and it should not be encouraged. The strike was not fully justified and was half justified and half unjustified. So the court held the strike unjustified and allowed the appeal.
REFERENCES
Written by Hotisha Kapoor an intern under legal vidhiya.
