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1990 Supreme(SC) 314

P.B.SAWANT, KULDIP SINGH
Bank Of India: S. U. Motors Private LTD. – Appellant
Versus
T. S. Kelawala: Workmen – Respondent


Advocates:
ASHOK DESAI, B.N.DUTT, G.B.PAI, H.S.PARIHAR, J.RAMAMURTHY, JITENDRA SHARMA, N.K.SAHU, P.H.Parekh, R.F.NARIMAN, RAJ BIRBAL, URMILA SIRUR, VIPIN CHANDRA

JUDGMENT

SAWANT, J.- These are two appeals involving a common question of law, viz., whether an employer has a right to deduct wages unilaterally and without holding an enquiry for the period the employees go on strike or resort to go-slow. In C.A. No. 2581 of 1986 we are concerned with the case of a strike while in the other appeal, it is a case of a go-slow. By their very nature, the facts in the two appeals differ, though the principles of law involved and many of the authorities to be considered in both cases may be the same. For the sake of convenience, however, we propose to deal with each case separately to the extent of the distinction.

Civil Appeal No. 2581 of 1986

2. The appellant in this case is a nationalised bank, and respondents 1 and 2 are its employees whereas respondents 3 and 4 are the Unions representing the employees of the Bank. It appears that some demands for wage revision made by the employees of all the banks were pending at the relevant time, and in support of the said demands the All India Bank Employees Association had given a call for a countrywide strike. The appellant-Bank issued a circular on September 23, 1977 to all its managers and agents to deduct w













































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