LIFE INSURANCE EMPLOYEES ASSON Vs. CHAIRMAN

JUDGEMENT

(1.) THE question that arises for determination by this Court in this petition is whether the Life Insurance Corporation (employer) was entitled to deduct from remuneration the remuneration for the day on which the employees observed strike and did not work.

(2.) THIS very question arose before this Court in Special Civil Application No. 1979 of 1989 decided on 16. 3. 1998 as well as in Special Civil Application No. 1428 of 1988 decided on 13. 2. 2008. It is not in dispute that following bandh call, the employees did not work on the relevant dates and consequently the respondent Corporation decided to deduct the remuneration for the days on which the employees observed strike.

(3.) THIS question also arose before the Apex Court in case of Bank of India V/s T. S. Kelawala and others (1990) 4 SCC 744 and Syndicate Bank and another V/s K. Umesh Nayak (1994) 5 SCC 572 where the Apex Court held that wages during the strike would be payable only if the strike is both legal and justified and not payable if the strike is legal but not justified or justified but not legal. Similar view was taken by the Apex Court in H. M. T. Ltd. V/s H. M. T. Head Office Employees' Association and others (1996) 11 SCC 319. Keeping in view these judgments, this Court in earlier matters refused to interfere with the decision of the Corporation and did not entertain the petition by dismissing the same.