JUDGMENT

SAWANT, J. :- These appeals have been referred to the Constitution Bench in view of the apparent conflict of opinions expressed in three decisions of this Court - a three-Judge Bench decision in Management of Churakulam Tea Estate (P) Ltd. v. The Workmen, (1969) 1 SCR 931 and a two-Judge Bench decision in Crompton Greaves Ltd. v. Its Workmen, (1978) 3 SCC 155 on the one hand, and a two-Judge Bench decision in Bank of India v. T. S. Kelawala, (1990) 4 SCC 744 on the other. The question is whether workmen who proceed on strike, whether legal or illegal, are entitled to wages for the period of strike? In the first two caess, viz., Churakulam Tea Estate and Crompton Greaves (supra), the view taken is that the strike must be both legal and justified to entitle the workmen to the wages for the period of strike whereas the latter decision in T.S.Kelawala (supra) has taken the view that whether the strike is legal or illegal, the employees are not entitled to wages for the period of strike. To keep the record straight, it must be mentioned at the very outset that in the latter case, viz., T.S. Kelawala (supra) the question whether the strike was justified or not, was not raised an