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SANJAY KUMAR MEDHI
Assam Carbon Workers And Employees Union A Regd. Trade Union Under The Trade Union Act, 1926 – Assam – Appellant
Versus
The Management Of Assam Carbon Products Ltd – Respondent
The legality and validity of an Award dated 26.06.2014 passed by the learned Labour Court, Guwahati in Ref. Case No. 14/2008 is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India by the Workers and Employees Union. By the aforesaid Award, the issue referred to the learned Labour Court has been decided in favour of the Management and against the workmen by holding that the workmen are not entitled to wages for the period of strike from 27.11.2007 to 29.11.2007 and for the period of lock-out from 29.11.2007 to 24.07.2008.
2. Before going to the issue which has arisen for determination, the facts of the case, as projected in the writ petition, may be narrated briefly.
3. The appropriate Government had made a reference to the learned Labour Court, Guwahati under Section 10 of the Industrial Disputes Act, 1947 (hereinafter the ID Act) on the following issue:
The issue was however modified on an application made by the petitioner vide a corrigendum dated 07.03.2009 and the modified issue reads as follows:
“Whether the workmen are entitled for wa
The main legal point established in the judgment is that the Tripartite Settlement dated 23.07.2008 was binding on the workmen, and the court did not find grounds to interfere with the decision of th....
A lockout declared as a necessary response to an illegal and unjustified strike involving violence is legally justified. Consequently, workers are not entitled to back wages for the lockout period, p....
The workers of factory of petitioner - company shall not cause any hindrance in smooth functioning of petitioner company and shall create an atmosphere of harmony and peace with the management of pet....
A strike notice that addresses grievances regarding non-implementation of existing agreements does not constitute an illegal strike under the Maharashtra Act if it does not seek to modify any covered....
Workmen are not entitled to wages during an illegal strike; minimum wage must reflect parity with similar undertakings while considering existing agreements.
Conciliation proceedings under the Industrial Disputes Act, 1947 can be initiated against a trade union's strike call even if its members are not classified as 'workmen', as long as they are employed....
An award under the Industrial Disputes Act becomes unenforceable if the employee fails to comply with its terms, and the Assistant Labour Commissioner cannot adjudicate claims for higher wages withou....
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