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.

Answer 2

This question turns on matching a specific line from a Supreme Court judgment, "mere illegality of the strike does not per se spell unjustifiability", to the case where Justice V.R. Krishna Iyer used it. The safest way to answer this when the quote is not immediately recalled is to test each option against what that case is actually known for in industrial law.

1. Chandramalai Estate v. Its Workmen: This is an early Supreme Court ruling on plantation labour disputes and lays down general tests for when a strike or lock-out is justified, but it is not the judgment associated with Krishna Iyer J.'s specific phrasing on legality versus justifiability. It predates the fuller articulation of this distinction.
2. Associated Cement Ltd. v. Their Workmen: Cases under this title mostly deal with service conditions, bonus, and retrenchment disputes between the Associated Cement Companies and their workmen, not with the doctrinal separation of a strike's legality from its justifiability.
3. Gujarat Steel Tubes v. Gujarat Steel Tubes Mazdoor Sabha: This 1980 decision is the one where Krishna Iyer J. draws out the idea that a strike can fail to meet the procedural requirements of the Industrial Disputes Act, 1947, making it illegal, and yet still be a fair and reasonable response to the management's conduct, making it justified. The two questions, legality and justifiability, are treated as separate enquiries, and the relief to workmen turns on the second even when the first fails.
4. Indian General Navigation and Railway Co. Ltd. v. Their Workmen: This case looks at strikes and go-slow tactics from the angle of misconduct and disciplinary action, but the specific quote in the question is not drawn from it.

Only the Gujarat Steel Tubes case matches both the subject, the legality-justifiability distinction, and the author, Krishna Iyer J.

So the correct answer is Gujarat Steel Tubes v. Gujarat Steel Tubes Mazdoor Sabha.