Employees  Not Entitled To Wages If No Work Takes Place Due To A Sit-In Strike: Karnataka High Court

In a significant legal ruling, the Karnataka High Court, presided over by The Hon'ble Ms. Justice Jyoti Mulimani, has quashed an Industrial Tribunal's award related to workers' wages during strikes, shedding light on crucial legal principles.

The judgment, delivered on November 29, 2023, centered around the dispute between M/S. J.K. Tyres and Industries Ltd. and the Vikrant Tyres Employees' Union. The case raised questions about the entitlement to wages for workers during a strike and the validity of an Industrial Tribunal's decision.

In a pivotal observation, the High Court clarified the legal position on payment of wages during work stoppages due to strikes, stating, "It is an established principle in Industrial law that employees are not entitled to wages if no work takes place due to a sit-in strike or slowdown of production on the part of the workmen in another part of the establishment. This is the principle of law laid down in Section 25E(iii) of the Industrial Disputes Act."

Furthermore, the court emphasized the importance of considering relevant factors and not disregarding the financial repercussions on the management. The judgment pointed out, "The Tribunal has failed to have regard to relevant considerations and disregarded relevant matters."

As a result of the High Court's decision, the Industrial Tribunal's award, which granted 50% wages during the strike period, was quashed. The issuance of a Writ of Certiorari was ordered, leading to the annulment of the Tribunal's decision.

Date of Decision: November 29, 2023

M/S. J.K.Tyres And Industries Ltd., VS General Secretary, Vikrant Tyres Employees' Union