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PETITIONER: RAJA BAHADUR MOTILAL POONA MILLS
Vs.
RESPONDENT: TUKARAM PIRAJI MASALE.
DATE OF JUDGMENT: 31/10/1956
BENCH: MENON, P. GOVINDA BENCH: MENON, P. GOVINDA BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA DAS, S.K.
CITATION: 1957 AIR 73 1956 SCR 939
ACT: Industrial Dispute-Strike-Change in the existing system of working-Workers objecting as illegal change and going on strike--Strike, whether illegal-Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), s. 97(1)(c).
HEADNOTE: By s. 97(1)(c) of the Bombay Industrial Relations Act, 1946: "A strike shall be illegal if it is commenced or continued only for the reason that the employer has not carried out the provisions of any standing order or has made an illegal change". The management of the appellant Mill desiring to make a change in the existing system of working started making an experiment by asking a few workmen who had volunteered to work at the rate of four looms to a weaver for a period of two months. The other workers objected that this was an illegal change on the ground that the management could not legally introduce any change without first going through the procedure prescribed by the Act, and went on strike. The question was whether the strike was illegal. Held, that as the workmen had gone on strike only for the reason that the change or experiment made by the appellant was an i...