Question

"Mere illegality of the strike does not per se spell unjustifiability". J. Krishna Iyer In which case declared so

• A. Chandramalai Estate v. Its workmen
• B. Associated Cement Ltd., v. Their workmen
• C. Gujarat Steel Tubes v. Gujarat Steel Tubes Mazdoor Sabha
• D. Indian General Navigation of Railway Co. Ltd., v.Their workmen

Hint:

For Labour Law, focus on landmark judgments and the key principles or quotes laid down by prominent judges like Justice V.R. Krishna Iyer. Understanding the distinction between legal/illegal and justified/unjustified strikes is a fundamental concept often tested.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify the case in which Justice V.R. Krishna Iyer made the famous observation distinguishing between the 'legality' and the 'justifiability' of a strike. A strike can be legal (following the procedures under the Industrial Disputes Act, 1947) or illegal (in contravention of those procedures). Independently, a strike can be justified (for a valid reason, like unfair labour practices) or unjustified.
Step 2: Detailed Explanation:
In the landmark case of Gujarat Steel Tubes v. Gujarat Steel Tubes Mazdoor Sabha (1980), Justice Krishna Iyer, delivering the judgment, articulated this crucial distinction.
He opined that the two are different concepts. A strike might be illegal because the procedural requirements were not met, but it could still be perfectly justified if the workers were protesting against gross unfair labour practices by the management.
Conversely, a strike could be perfectly legal (all notices given, procedures followed) but might be unjustified if the demands of the workers are unreasonable or disproportionate.
Therefore, the court held that the illegality of a strike is not the sole determinant of its justifiability, and the relief to be granted to the workmen would depend on the facts and circumstances of each case, considering both aspects. The quote "Mere illegality of the strike does not per se spell unjustifiability" is directly from this judgment.
Step 3: Final Answer:
The correct case is Gujarat Steel Tubes v. Gujarat Steel Tubes Mazdoor Sabha.