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TMI Blog1976 (1) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... to the test by failure in the field will, we hope, alert themselves. Labour litigation can be a, curse or dread where one side is weak, as here, and has not been able to hire legal services but has been made good by amicus curiae, and the other side, regardless of cost, is anxious to settle some principle, as counsel for the appellant impressed on us. We now move into the area of facts which wears a jural apparel. 2. The narrative of necessary facts starts naturally with a bonus dispute in the Statesman Ltd. (a newspaper with editions published in Calcutta and Delhi) which was referred to adjudication in September 1966 and was, admittedly, pending at a time when the Calcutta workers reportedly resorted to rude tactics to press an earlier charter of demands presented to the management. On September 20, 1966, events reached a crescendo of illegal and disorderly strike at mid-day with a reprisal of lock-out at mid-night so soon as the administrative officer, with police assistance, gained his freedom. Even in human affairs a storm is followed by a calm, may be. For, the two Unions, sobered, perhaps by this sudden action of the management, wrote the very next day (21st September) t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f transfer and re-transfer, the enquiry was continued and the award made. 6. We are now concerned only with three disputes. Of the three issues, two deal with petty items like warm coats for the subordinate staff and canteen allowance for the employees' canteen staff financially too negligible to engage the attention of this Court. The other item, which is meaty enough to merit our verdict, relates to the wages during the period of work stoppage from September 20, 1966 to November 8, 1966. The Tribunal, considering, in its totality, the facts and circumstances of the case, the share of blame on the part of each party, the role of broad justice in producing industrial peace and advertence to the relevant materials on record, held 'that the Company should pay half the wages to the employees during the period from September 20 to November 7, 1966. 7. The Management, disappointed by this direction, as well as the orders regarding warm coats and canteen allowance, has come directly to this Court securing special leave under Article 136. 8. Even though leave has been granted by this Court, the very width of its power under Article 136 is a warning against its free wheeli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r recognised grounds are made out. This perspective is sufficient in itself to dispose of the two tiny items of dispute bearing on warm coats and canteen allowance. Even so, we will briefly refer to them. 11. The canteen staff claimed allowance of 50 paise per working day. There are two canteens, one for officers and the other for the subordinate staff. While the staff of the Officers' canteen are drawing the dietary allowance of 50 paise, the employees of the staff canteen are denied' this paltry sum. There is no reasonable basis for this invidious treatment and we find no ground to interfere with the Tribunal's direction that 'the Company should pay tiffin allowance at the rate of 50 paise on working days to the employees in the staff canteen.' Of course, if they take free food from the canteen they will be ineligible for the allowance since they cannot have both. 12. Equally untenable is the grievance against warm coats supplied to the subordinate staff. It is common case that the management does supply warm coats to jamadars, gate-darwans and inspectors but does not extend this warm facility to darwans and delivery peons. Calcutta cold does not spare e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es a lock-out of illegality if it is caused by an illegal strike. There surely was a pending industrial dispute when the Unions sprang the strike. Being therefore illegal, the lock-out that followed became a legal, defensive measure. So far is smooth sailing. But the management cannot behave unreasonably merely because the lock-out is born lawfully. If by subsequent conduct, imaginatively interpreted, the Unions have shown readiness to resume work peacefully, the refusal to restart the industry is not right and the initial legitimacy of the lock-out loses its virtue by this blemished sequel. Nor can any management expect, as feelings run high, charge-sheets in criminal courts are laid against workers and they are otherwise afflicted by the pinch of unemployment, to get proof of good behavior beyond their written word. Nor can they realistically insist that they abandon their demands for better benefits before the lockout is lifted. In this hungry world the weaker many cannot afford the luxury of finery in speech which the happier few can afford. In the rough and tumble of industrial disputes conciliation is a necessary grace the stronger party, the socially conscious management, mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s was wholly unreasonable and, therefore, unjustified. In a case where a strike is unjustified and is followed by a lock-out which has, because of its long duration, become unjustified it would not be a proper course for an industrial tribunal to direct the payment of the whole of the wages for the period of the lock-out. We would like to make it clear that in a case where the strike is unjustified and the lock-out is justified the workmen would not be entitled to any wages at all. Similarly where the strike is justified and the lockout is unjustified the workmen would be entitled to the entire wages for the period of strike and lock-out. Where, however, a strike is unjustified and is followed by a lock-out which becomes unjustified a case for apportionment of blame arises. In our opinion in the case before us the blame for the situation which resulted after the strike and the lockout can be apportioned roughly half and half between the Company and its workers. In the circumstances we therefore direct that the workmen should get half their wages from November 14, 1958 to January 3, 1959 (both days inclusive). 19. The factual milieu surrounding the strike-lockout complex, as neat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght not to have been invited in the office. Considering everything we are of the opinion that no interest of the management or of the workmen will be served by such acrimonious correspondence and any delay in the settlement of the outstanding disputes will make the situation more complex. You are therefore requested to withdraw your aforesaid Notice, Arrange an immediate sitting with us and meet the genuine grievances of the employees, if not in-full at least as an interim arrangement and note in this context if any assurance is necessary that all along in the past the workmen will maintain peace and work normally and peacefully unless they are sufficiently provoked from your and. (emphasis, added) 20. It is obvious that the tone of this reply is conciliatory and literally conforms to the demand for the assurance from the workmen of peaceful and normal resumption of work. It is fair to infer that the receipt of this letter should have persuaded the Management, in a spirit of goodwill, to lift the lock-out and give a trial to the workers' willingness. Is not a worker's word, until the contrary is proved, as good as his bond? Moreover, a strike is called off when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also the reference in the evidence of the Deputy Commissioner of Labour that the Management was unwilling to lift the lock-out when requested and the workers were unwilling to withdraw the strike without settlement of disputes. In an escalating situation of conflict, developments lead to deterioration of industrial quiet and we have to look at the whole picture with realism. 22. There was a minor ripple of disputation as to whether the evidence recorded by the Fifth Industrial Tribunal between the date when the transfer order was passed by the government and the re-transfer order was made could be read as evidence. The Tribunal has come to the same conclusion both by excluding and by including such evidence in his verdict. Shri Kapil Sibbal has fairly taken us through these materials to convince us that the verdict cannot be deflected by eliminating or reading the disputed testimony. We feel satisfied that there is much to be said in favour of the ultimate view taken by the Tribunal that blameworthiness may be equally apportioned between the parties; Had the Management reacted with goodwill when the workers the very next day offered to be peaceful and resume work, the prolonged ..... X X X X Extracts X X X X X X X X Extracts X X X X
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