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PETITIONER: THE MANAGEMENT OF CHANDRAMALAIESTATE, ERNAKULAM
Vs.
RESPONDENT: ITS WORKMEN AND ANOTHER.
DATE OF JUDGMENT: 04/04/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS GAJENDRAGADKAR, P.B. WANCHOO, K.N.
CITATION: 1960 AIR 902 1960 SCR (3) 451 CITATOR INFO : 1963 SC 601 (6) RF 1969 SC 998 (23) RF 1970 SC 867 (43) RF 1973 SC1156 (11) RF 1981 SC 340 (14)
ACT: Industrial Dispute--Failure of conciliation--Union to take Proper and reasonable course before calling a strike.
HEADNOTE: The management having refused to comply with some of the demands raised by workmen, the matter was referred for conciliation. Efforts at conciliation failed on November 30, 1955. on the very next day the union gave a strike notice and actually went on strike with effect from December 9, 1958. On January 3, 1956, the Government referred the dispute to the Industrial Tribunal and the strike was called off on January 5, 1956. The question as to whether the workmen were entitled to get wages for the period of the’ strike was along with some other grounds referred to the Tribunal. The Tribunal took the view that both the parties were to blame for the strike and that the workmen were entitled to get 50% of the emoluments for the period of strike: Held, that on the facts of the case the strike was unju...