SCA/3523/1987 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3523 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= LIFE INSURANCE EMPLOYEES' ASSON - Petitioner(s) Versus CHAIRMAN & 2 - Respondent(s) ========================================================= Appearance : MR GIRISH PATEL for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1, MR AK CLERK for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 21/02/2008 ORAL JUDGMENT 1. The question that arises for determination SCA/3523/1987 2/3 JUDGMENT by this Court in this petition is whether the Life Insurance Corporation (employer) was entitled to deduct from remuneration the remuneration for the day on which the employees observed strike and did not work. 2. This very question arose before this Court in Special Civil Application No.1979 of 1989 decided on 16.3.1998 as well as in Special Civil Application No.1428 of 1988 decided on 13.2.2008. It is not in dispute that following bandh call, the employees did not work on the relevant dates and consequently the respondent Corporation decided to deduct the remuneration for the days on which the employees observed strike. 3. This question also arose before the Apex Court in case of Bank of India V/s T.S.Kelawala and others (1990) 4 SCC 744 and Syndicate Bank and another V/s K.Umesh Nayak (1994) 5 SCC 572 where the Apex Court held that wages during the strike would be payable only if the strike is both legal and justified and not payable if the strike is legal but not justified or justified but not legal. Similar view was taken by the Apex Court in H.M.T. Ltd. V/s H.M.T. Head Office Employees' Association and others (1996) 11 SCC 319. Keeping in view these judgments, this Court in earlier matters refused to interfere with the decision of the Corporation and did not entertain the petition by dismissing the same. 4. This matter also cannot be entertained in light of the above situation and is dismissed. Rule SCA/3523/1987 3/3 JUDGMENT is discharged. No costs. Interim relief, if any, would stand vacated. ( A.L.DAVE, J ) srilatha