WAGES FOR STRIKE PERIOD :

The payment of wages for the strike period will depend upon whether the strike is justified or unjustified. This also depends upon several factors such as service conditions of workman, the cause which led to strike, the urgency of cause or demand of workman, the reason for not resorting to dispute settlement machinery under the Act or service rules/regulations etc. (1994-SCC-1197). No wages are payable if the strike is illegal or it is unjustified. Further, if the workers indulge in violence, no wages will be paid even when their strike was legal and justified (Dum Dum Aluminium Workers Union v. Aluminium Mfg. Co.). The workmen must not take any hasty steps in resorting to strike. They must, first take steps to settle the dispute through conciliation or adjudication except when the matter is urgent and of serious nature. Thus, in Chandramalai Estate v. Workmen, it was observed that when workmen might well have waited for some time, after conciliation efforts had failed, before starting a strike, and in the mean time could have asked the Government to make a reference, the strike would be unjustified and the workmen would not be entitled to wages for the strike period.

Supreme Court in Bank of India v. T.S. Kelawala (1990 II LLJ S.C. 39) decided, that where employees are going on a strike for a portion of the day or for whole day and there was no provision in the contract of employment or service rules or regulations for deducting wages for the period for which the employees refused to work although work was offered to them, and such deduction is not covered by any other provision, employer is entitled to deduct wages proportionately for the period of absence or for the whole day depending upon the circumstances.