The Chief Justice.-This application arises out of a reference dated the 27th June, 1949, made by the workers of the Electro Mechanical Industries, Limited, in respect of certain disputes between themselves represented by the Workers’ Union and management. There were sixteen items of dispute and the Industrial Tribunal, Madras, after due inquiry made an award on the 5th November, 1949. The management seeks from this Court a writ of certiorari to quash the award in respect of two of the items of dispute.

The first item relates to the deduction of eight days’ wages from the employees as per the notice of the management, dated the 19th April, 1949. The workers claim a return of the wages deducted. The deduction was made by the management because of a strike by the workmen on the 18th April, 1949. The Tribunal came to the conclusion that the strike was not legal and therefore the management was not wrong in punishing the men who went on strike. The provision which enables the management to make a deduction of wages in a case of this kind is contained in section 9 of the Payment of Wages Act. Sub-section (2)of that section contains the following proviso which is material:-

“Provided that,

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