HINDUSTAN CABLES, LTD., HYDERABAD (REPRESENTED BY ITS MANAGING DIRECTOR) Vs. LABOUR COURT, HYDERABAD, AND ANOTHER

JUDGEMENT

(1.) This appeal arises out of the order in Writ Petition No. 11184 of 1983 by which the appellant-company was directed to pay wages to the workmen during the period of strike and lock-out.

(2.) The factual background to the dispute referred to by the Labour Court, was as follows :

(3.) The workmen filed the above writ petition questioning the findings of the Labour Court. The learned single Judge observed that when there is a weapon in the hands of workmen to organise a peaceful strike to ventilate their grievances, going on strike which is legal cannot be said to be unjustified unless they resort to violent activities or causing damage to the properties etc. He further observed that though there is a right to declare lock-out, it had been held by the Supreme Court that it should not be unjustly invoked as a measure of victimisation, and under those circumstances, the declaration of lock-out must be held to be illegal. He, accordingly, allowed the writ petition and directed the company to pay wages to the workmen for the relevant period.