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2024 Supreme(Gau) 453

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


Advocates:
Advocate Appeared:
For the Appellant : Shri A Dasgupta, Sr. Adv., Ms. B. Das, Adv.
For the Respondent: Shri P.K. Tiwari, Sr. Adv., Shri K. Kalita, Adv.

 

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:

 

    “Whether wages for the period of no work during strike / lock-out is admissible to the workmen.”

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

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