Case Note & Summary
The dispute arose between a cotton textile mill and its workers regarding a change in the working system. The mill management sought to experiment with a new system where one weaver would operate four looms instead of two, which the workers objected to, claiming it was an illegal change under the Bombay Industrial Relations Act, 1946. The workers went on strike from September 6 to September 26, 1951, leading the management to file an application declaring the strike illegal. The Labour Court initially ruled that the management's action constituted an illegal change but did not declare the workers' strike illegal. The Labour Appellate Tribunal later reversed this decision, declaring the strike illegal. The workers then sought a writ of certiorari from the High Court, which upheld the Labour Court's decision. The Supreme Court, however, found that the workers had gone on strike solely because they believed the management's change was illegal, thus rendering the strike illegal under Section 97(1)(c) of the Act. The court allowed the appeal, set aside the High Court's order, and upheld the Labour Appellate Tribunal's declaration of the strike's illegality, ordering the workers to bear the costs of the appeal.
Headnote
A) Industrial Relations - Legality of Strike - Strike declared illegal due to illegal change in working conditions - Bombay Industrial Relations Act, 1946, Section 97(1)(c) - The court held that the workers' strike was illegal as it was commenced solely because the employer made an illegal change in working conditions, thus falling within the express terms of the statute. (Paras 1-2).
Issue of Consideration
Whether the strike by workers was illegal under the provisions of the Bombay Industrial Relations Act, 1946.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and declared the workers' strike illegal under Section 97(1)(c) of the Bombay Industrial Relations Act, 1946.
Law Points
- illegal strike
- change in working conditions
- Bombay Industrial Relations Act
- 1946
- strike legality
- employer-employee relations
