Question

---------------- was a leading case on the point as to whether an employer has a right to deduct wages unilaterally and without holding an enquiry for the period the employees go on strike or resort to go slow

• A. Bank of India v. T.S.Kelawala and others
• B. Randhirsingh v. Union of India
• C. Kamani metals and alloys Ltd. v. Their workmen
• D. Workmen v. Reptakos Brett and Co.Ltd.

Hint:

For case-law based questions, create short notes for landmark judgments, summarizing the key principle or ratio decidendi of each case. Associating the case name with a core legal principle (e.g., Kelawala → no work, no pay) is an effective revision technique.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
This question pertains to the principle of "no work, no pay" in labour law. It examines whether an employer can deduct wages for the period an employee is on strike, especially without conducting a formal inquiry.
Step 2: Detailed Explanation:
The landmark case on this subject is Bank of India v. T.S. Kelawala and others (1990).
In this case, the Supreme Court of India held that wages are paid for work done. If employees do not work, they are not entitled to wages for that period.
The Court established that the employer has the right to deduct wages for the period of a strike (whether legal or illegal) without the need for a prior inquiry. The deduction of wages is not a penalty but a direct consequence of the absence from work. The employer only needs to provide proof of the employee's absence.
The other cases are also significant but in different contexts:
- \textit{Randhirsingh v. Union of India}: Related to 'equal pay for equal work'.
- \textit{Kamani metals and alloys Ltd. v. Their workmen}: Related to the concept of a collective agreement and the power of industrial tribunals.
- \textit{Workmen v. Reptakos Brett and Co.Ltd.}: Related to the revision of dearness allowance.