1.

When can you claim wages for the period of strike

 What is an justifiable vis-a-vis unjustifiable strike

Syndicate Bank vs K.Umesh Nayak on 19 March, 1994

The question is whether workmen who proceed on strike, whether legal or illegal, are
entitled to wages for the period of strike?
In the first two cases, viz., Churakulam Tea Estate1 and Crompton Greaves2, the view
taken is that the strike must be both legal and justified to entitle the workmen to the
wages for the period of strike whereas the latter decision in TS. Kelawala3 has taken the
view that whether the strike is legal or illegal, the employees are not entitled to wages
for the period of the strike.
the view taken there is not that the employees are entitled to wages for the strike
period merely because the strike is legal. The view is that for Such entitlement the strike
has both to be legal and justified. In other words, if the strike is illegal but justified or if
the strike is legal but unjustified, the employees would not be entitled to wages for the
strike period.

They went on strike even when conciliation proceedings were open

Section 24 of the Industrial Dispute Act, of 1947 provides that a strike in contravention of sections 22 and
23 is illegal. A strike or a lockout shall be illegal if,

 It is commenced or declared in contravention of section 22 or section 23; or

 It is continued on contravention of an order made under sub section (3) of section 10 or sub
section (4-A) of section 10-A.